Signed copies of the Superintendent's Compendium are available upon request in person at the Palo Alto Battlefield Visitor Center, or request a signed electronic copy be sent to you via email.
A. INTRODUCTION
1. Superintendent’s Compendium Described
The Superintendent’s Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level.
The regulations contained in 36 CFR, Parts 1-7, are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1 through 6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of these Parts has many sections and subsections articulating specific provisions. Within some of these Part 1-7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.
As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.
Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This Section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.
A final example is 36 CFR 2.1(c) (1) Preservation of Natural, Cultural and Archeological Resources, which provides the Superintendent the authority to designate certain fruits, nuts, berries, or unoccupied seashells which may be gathered by hand for personal use or consumption. This activity can occur, however, only if a written determination shows that the allowed activity does not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.
This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to understand the regulations governing the use and enjoyment more fully of all the areas of the national Park System.
2. Laws and Policies Allowing the Superintendent to Develop This Compendium
The National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, “Organic Act”) to “….regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” In addition, Title 54 U.S.C. §100751(a) allows the NPS, through the Secretary of the Interior, to “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.”
In 1970, Congress amended the NPS Organic Act to clarify its intentions as to the overall mission of the NPS. Through the General Authorities Act of 1970, Congress brought all areas administered by the NPS into one National Park System and directed the NPS to manage all areas under its administration consistent with the Organic Act of 1916.
In 1978, Congress amended the General Authorities Act of 1970 and reasserted System-wide the high standard of protection defined in the original Organic Act by stating “Congress further reaffirms, declares, and directs that the promotion and regulation of the various areas of the National Park System, as defined by Section 1 of this Title, shall be consistent with and founded in the purpose established by Section 1 of this Title, to the common benefit of all people of the United States.”
In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director, National Park Service, in the form of Director’s Orders. As stated in the Management Policies, the primary responsibility of the NPS is to protect and preserve our national natural and cultural resources while providing for the enjoyment of these resources by visitor and other users, as long as use does not impair specific park resources or overall visitor experience. The appropriateness of any particular visitor use or recreational experience is resource-based and will vary from park to park; therefore, a use or activity that is appropriate in one park area may not be appropriate in another. The Superintendent is directed to analyze overall park use and determine if any particular use is appropriate. Where conflict arises between use and resource protection, where the Superintendent has a reasonable basis to believe a resource is or would become impaired, then that Superintendent is obliged to place limitations on public use.
3. Consistency of This Compendium with Applicable Federal Law and Requirements
The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.
The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared.
4. Development of the Requirements of the Superintendent’s Compendium
As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any particular National Park System area. The requirements of the Superintendent’s Compendium are developed through an analysis and determination process. The decision criteria used during this process are:
Is there use or activity consistent with the NPS Organic Act and NPS policy?
Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?
Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
Will the use or activity conflict with or be incompatible with traditional park uses and activities?
Will the use or activity compromise employee or public safety?
5. Applicability of the Compendium
The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.
6. Enforcement of Compendium Requirements
NPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.
7. Penalties for Not Adhering to the Compendium Requirements
A person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.
8. Comments on the Compendium
The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time.
Written comments on the Compendium may be submitted to:
Palo Alto Battlefield National Historical Park
Attn: Superintendent
600 E. Harrison Street
Room 1006
Brownsville, TX 78520
9. Effective Date of the Superintendent Compendium
The Superintendent’s Compendium is effective on the approval date listed on the first page of this document and remains in effect until revised for a period up to one year.
10. Additional Information
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
11. Availability
Copies of the Compendium are available at 7200 Paredes Line Road, Brownsville, TX 78526.
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, and the following closures are established for all or a portion of the park to all public use or to a certain use or activity:
Visiting Hours:
The Palo Alto Battlefield unit, including public roads and parking areas, is open to public use daily from 8 a.m. to 5 p.m.
The Resaca de la Palma Battlefield unit, including public roads and parking areas, is open Tuesday through Saturday, 9 a.m. to 3 p.m. as staff levels permit.
Public Use Limits:
Entering or remaining within the park when it is closed to the public is prohibited.
Due to the sensitive nature of the cultural and natural resources, in addition to the various dangerous natural and man-made hazards, public use at the Palo Alto Battlefield unit shall be confined to the Visitor Center, trails, and shade structures that are open to the public.
Roads open to public use are the Visitor Center entrance and exit road, the Overlook Parking Lot Road, and the Resaca de la Palma entrance and exit road.
Roads closed to public use, but open to motor vehicle use for administrative purposes, include the Maintenance facility access road, and paved and unpaved Maintenance and Resource Divisions access roads.
Pedestrian traffic at the Resaca de la Palma Battlefield unit is welcomed during daylight hours if the gates are closed but is prohibited after dusk.
Closures:
The Palo Alto and Resaca de la Palma Battlefield units are closed the following days: January 1st (New Years Day), Thanksgiving Day, December 25th (Christmas Day).
The Resaca de la Palma Battlefield unit will also be closed on all other Federal holidays.
Unmanned Aircraft
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Insert Park Name is prohibited except as approved in writing by the Superintendent.
Definition: Unmanned Aircraft (UA) - 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, quadcopters, and drones) that are used for any purpose, including for recreation or commerce.
Determination: The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Palo Alto Battlefield National Historical Park will conflict with, or impact, a variety of park uses including visitor experience of unimpaired view sheds; the disturbance, displacement or harassment of park wildlife, creation of public safety hazards per operation near roadways or large aggregations of visitors, and visual or aural impacts to the character and values within the park.
Filming Activities
The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
Outdoor filming activities [outside of areas managed as wilderness] involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.
The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit if necessary to:
Maintain public health and safety.
Protect environmental or scenic values.
Protect natural or cultural resources.
Allow for equitable allocation and use of facilities; or
Avoid conflict among visitor use activities.
If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis for denial in writing upon request.
The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.
The following are prohibited:
Engaging in a filming activity without providing advance notice to the Superintendent when required.
Engaging in a filming activity without a permit if the activity takes place in areas managed as wilderness or if the Superintendent has notified the organizer in writing that a permit is required.
Violating a term and condition of a permit issued under this action.
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.
Determination: Filming activities that involve more than five people and hand carried equipment need to be evaluated to determine if the proposed activity may cause issues with public safety, environment or scenic values, damage to natural or cultural resources, conflict with other visitors and equitable use and access to park areas.
II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
(f) The following is a compilation of those activities for which a permit from the superintendent is required:
§2.5 (b-h) Research specimens
(a) Taking plants, fish, wildlife, rocks, or minerals except in accordance with other regulations of this chapter or pursuant to the terms and conditions of a specimen collection permit, is prohibited.
§2.12 (a) (4) Audio disturbances
(a)(4) 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.
§2.50(a) Special events
Sporting events, pageants, regattas, public spectator attractions, entertainment, ceremonies, and similar events are allowed, provided:
There is a meaningful association between the park area and the event,
The observance contributes to visitor understanding of the significance of the park area,
A permit has been issued by the superintendent.
§2.51 Demonstrations and designated available park areas
(a) Demonstrations includes picketing, speechmaking, marching, holding vigils or religious services and all other like forms of conduct that involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to attract a crowd or onlookers.
(b1) Demonstrations involving 25 persons or less do not require a permit unless:
The event presents a clear and present danger to public health and safety.
The event takes place outside a designated area.
Structures, stages, platforms, sound systems are used.
The event unreasonably interferes with other permitted demonstrations and special events, or park program activities.
(c2) All demonstrations will be held in the areas designated below. See Fig. 1 and Fig. 2 below for maps of these locations.
The west parking area near the Visitor Center at the Palo Alto unit.
The area approximately 100 feet west-southwest of the pavilion shelter at the Resaca de la Palma unit.
Fig. 1 Designated demonstration area at Palo Alto Battlefield.
Google Earth
Fig. 2 The designated demonstration area at the Resaca de la Palma Battlefield unit.
Google Earth
§2.52(c) Sale or distribution of printed matter and other message-bearing items.
Printed matter is message-bearing material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising. Other message-bearing items include readable electronic media such as CDs, DVDs, and flash drives; clothing and accessories such as hats and key chains; buttons; pins; and bumper stickers.
Sale or distribution of printed matter and the free distribution of other message bearing items without asking for or demanding payment or donation must take place in designated areas and the small group permit exception applies (see Demonstrations §2.51 (b1) and (c2). Sale or distribution of printed matter will occur in the areas designated below. See Fig. 3 and Fig. 4 for maps of these locations.
The southern end of the sidewalk bordering the parking lot in front of the Visitor Center.
The area approximately 100 feet west-southwest of the pavilion shelter at the Resaca de la Palma unit.
Fig. 3 Designated distribution of printed matter area at Palo Alto Battlefield.
Google Earth
Fig. 4 Designated distribution of printed matter area at the Resaca de la Palma Battlefield unit.
Google Earth
§5.1 Advertisements
Commercial notices or advertisements shall not be displayed, posted, or distributed on federally owned or controlled lands within a park area unless prior written permission has been given by the Superintendent.
§5.3 Business operations
Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited.
§5.5 Commercial filming, still photography, and audio recording
(a) Still photography activities are subject to the provisions of 43 CFR Part 5. Still photography does not require a permit unless:
It uses a model, set, or prop.
It takes place where members of the public are not allowed.
The park would incur costs to provide onsite management to protect resources or minimize visitor use conflicts.
(b) Audio recording does not require a permit unless:
It takes place at locations where or when members of the public are generally not allowed.
The equipment requires mechanical transport.
It requires an external power source.
The activity requires monitoring.
The activity impacts resources
III. GENERAL REGULATIONS
36 CFR §2.1 - Preservation of natural, cultural, and archeological resources
(a) Except as otherwise provided in this chapter, the following is prohibited:
(1) Possessing, destroying, injuring, defacing, removing, digging, or disturbing from its natural state:
(i) Living or dead wildlife or fish, or the parts or products thereof, such as antlers or nests.
(ii) Plants or the parts or products thereof.
(2) Introducing wildlife, fish, or plants, including their reproductive bodies, into a park area ecosystem.
(5) Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statue, except in designated areas and under conditions established by the superintendent.
(6) Possessing, destroying, injuring, defacing, removing, digging, or disturbing a structure or its furnishing or fixtures, or other cultural or archeological resources.
(7) Possessing or using a mineral or metal detector, magnetometer, side scan sonar, other metal detecting device, or sub-bottom profiler.
(b) Hiking or pedestrian traffic is restricted to the trail or walkway as listed in Section 1.5 of this document.
Due to the sensitive archeological sites and natural hazards within the Palo Alto Battlefield unit, public use shall be confined to the Visitor Center, picnic area, and designated trails.
Due to the sensitive archeological sites and natural hazards within the Resaca de la Palma Battlefield unit, public use shall be confined to the Contact Station, restroom facility, picnic area, and designated trails.
(c)(1) The collection of fruits, berries, and or any plant material is prohibited.
36 CFR §2.2 - Wildlife protection
(a) The following are prohibited:
(1) The taking of wildlife.
(2) The feeding, touching, teasing, frightening or intentional disturbing of wildlife nesting, breeding or other activities.
(3) Possessing unlawfully taken wildlife or portions thereof.
(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:
Palo Alto Battlefield unit
Resaca de la Palma Battlefield unit
36 CFR §2.10 – Camping and food storage
(a) The sites and areas listed below have been designated for camping activities as noted. A permit system has been established for certain campgrounds or camping activities, and conditions for camping and camping activities are in effect as noted:
The Living History demonstration areas at the Palo Alto Battlefield and Resaca de la Palma Battlefield units can be opened to overnight camping subject to conditions of a permit issued by the Superintendent.
Camping within the park is prohibited in any other circumstance.
36 CFR 2.13 – Fires
(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted:
Designated Areas:
The Living History demonstration area at the Palo Alto Battlefield unit.
The Living History demonstration area at the Resaca de la Palma Battlefield unit.
Receptacles Allowed:
Natural or manmade fire rings.
U.S.-Mexican War era, period correct campfire equipment.
Established Conditions for Fires:
Only wood or charcoal may be burned in cooking or warming fires.
No fire may be left unattended.
Fires will not be allowed during Red Flag conditions.
(a)(2) The following restrictions are in effect for the use of stoves or lanterns:
Only U.S.-Mexican War era, period correct lanterns will be used.
Lanterns will be powered by natural candlelight.
(b) Fires must be extinguished according to the following conditions:
At the conclusion of a living history program.
If fires create an air pollution problem, a nuisance, or a fire hazard.
36 CFR §2.15 – Pets
(a) The following are prohibited:
(1) Possessing a pet in a public building, public transportation vehicle, or location designated as a swimming beach, or any structure or area closed to the possession of pets by the superintendent. This subparagraph shall not apply to guide dogs accompanying visually impaired persons or hearing ear dogs accompanying hearing-impaired persons.
(2) Failing to crate, cage, restrain on a leash which shall not exceed six feet in length, or otherwise physically confine a pet at all times.
(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
Pet owners and handlers are responsible for removing any solid waste excrement from pets that are within the park.
Pet excrement must be deposited into a solid waste container at the park or removed from the park.
(f) This section does not apply to dogs used by authorized Federal, State, and local law enforcement officers in the performance of their official duties.
36 CFR §2.16 – Horses and pack animals
(g) Other conditions concerning the use of horses or pack animals:
General use of horses and pack animals is prohibited within the park.
Horses may be used in conjunction with Living History demonstrations subject to conditions of a permit issued by the Superintendent.
36 CFR §2.20 – Skating, skateboards and similar devices
Using roller skates, skateboards, coasting vehicles, or similar devices is prohibited, except in the following designated areas.
The portion of the City of Brownsville’s Historic Battlefield Hike & Bike Trail and Extension.
36 CFR §2.21 – Smoking
(a) The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
Smoking is prohibited within all government buildings, and at outdoor programs within the park.
The Superintendent may temporarily close the entire park to smoking during periods of high fire danger to protect park resources and reduce the risk of fire.
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:
All outdoor areas and facilities at the Palo Alto Battlefield unit.
All outdoor areas and facilities at the Resaca de la Palma Battlefield unit.
36 CFR §4.21 – Speed limits
(b) The following speed limits are established for the routes/roads indicated:
The speed limit on all park roads and avenues is 15 miles per hour.
The speed limit within all parking lots is 10 miles per hour.
36 CFR §4.30 – Bicycles
(a) The use of a bicycle is permitted on park roads and in parking areas that are otherwise open for motor vehicle use by the general public.
(d) Bicycles are allowed on the portion of the City of Brownsville’s Historic Battlefield Hike & Bike Trail and Extension within the park boundary, and on the portion of the Battlefield Trail at the Palo Alto Battlefield unit that is 10’ wide.
(f) To reduce the risk of accidents and injuries, bicycles must be walked on the U.S. Battle Line Trail, the Mexican Battle Line Trail, the Picnic Shelter sidewalk, the Parking Lot Connector Trail at the Palo Alto Battlefield unit, and the Battlefield Trail at the Resaca de la Palma Battlefield unit.
(g)(2) Unless specifically addressed by regulations in this chapter, the use of a bicycle within a park area is governed by State law. State law concerning bicycle use that is now or may later be in effect is adopted and made a part of this section.
(i) Electric Bicycles (e-bike)
(1,2) E-bikes are allowed in Palo Alto Battlefield National Historical Park where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited.
(3) Except where use of motor vehicles by the public is allowed, using the electric motor exclusively to move an e-bike for an extended period without pedaling is prohibited.
(5) 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: §§ 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h)(3)–(5).
(6) Except as specified in this chapter, the use of an electric bicycle is governed by State law, which is adopted and made a part of this section. Any act in violation of State law adopted by this paragraph is prohibited.
Definition: e-bike — 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 hp).
Last updated: January 2, 2024
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Contact Info
Mailing Address:
600 E. Harrison Street
Room 1006
Brownsville,
TX
78520
