Superintendent's Compendium

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National Park Service
U.S. Department of the Interior

Superintendent’s Compendium
Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority


Approved:

/s/ Darren Boch Date: 02/26/2021
Darren Boch, Superintendent


A. INTRODUCTION

1. Superintendent’s Compendium Described

The Superintendent’s Compendium is a summary of park-specific rules implemented under discretionary authority granted to the park’s Superintendent under 36 Code of Federal Regulations (36 CFR) for Paterson Great Falls National Historical Park (Park). It 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 applicable without further elaboration at the park level.This Compendium should be used in conjunction with Title 36 CFR, Parts 1-7, to more fully understand the regulations governing the use and enjoyment the Park.A copy of

Title 36, CFR, can be purchased from the U.S. Government Printing Office at:

Superintendent of Documents
P.O. Box 371954Pittsburgh,
PA 15250-7954

The CFR is also available on the Internet at:http://www.access.gpo.gov/nara/cfr/waisidx_05/36cfrv1_05.html2.

2. Laws and Policies Allowing the Superintendent to Develop This Compendium

The National Park Service (NPS) is granted broad statutory authority under 54 United States Code (U.S.C.) Section 100101 et.seq. (Organic Act of 1916, as amended) to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the fundamental purposes of the said parks…which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment for future generations.” 54 U.S.C. § 100101.

Further, Congress added that:

“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.”

Id.Congress defined the National Park System as including”…any areas of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.” 54 U.S.C. § 100501.Finally, Congress directed the NPS toto “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System Units.” 54 U.S.C. § 100751.

The NPS has issued regulations governing the regulation of the National Park System at 36 C.F.R. 36 C.F.R. § 1.5 gives Superintendents of National Park System units authority: to establish a reasonable schedule of visiting hours; impose public use limits; close all or a portion of a park area to all public use or a specific public use; designate areas for a specific use or activity; terminate a restriction, limit, closure, designation, condition or visiting hour restriction; or establish a permit, registration, or reservation system to implement a public use limit.

The Superintendent is directed to compile in writing all such designations, closures, and permit requirements.

36 C.F.R. § 1.7.In addition to the above statutory and regulatory 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, than 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 a number of 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 anddetermination process. The decision criteria used during this process are:
  • Is the 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 the following areas within the boundaries of the Park: Federally owned lands administered by NPS; lands administered by the NPS for public use purposes under written agreements; waters subject to the jurisdiction of the United States, and; other lands and waters over which the United States owns a less-than-fee interest, to the extent necessary to fulfill the purpose of the NPS-administered interest and compatible with the nonfederal interest. See 36 C.F.R. § 1.2.

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 penalties as defined in 18 U.S.C. § 1865,

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.

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 72 McBride Avenue, Paterson, NJ 07501. It may also be found at https://www.nps.gov/pagr/learn/management/lawsandpolicies.htm.

B. SUPERINTENDENT’S COMPENDIUM

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 and waters administered by the National Park Service, within the boundaries of Paterson Great Falls 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, 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:

The following limits and activities apply only to 65 McBride Avenue, Paterson, NJ 07501 (the Park), which is comprised of a parking lot and building that serve as the Park’s Maintenance Building. Currently this is the only land administered by the National Park Service within the boundaries of the park.

Visiting Hours:

Hours of Operation of Welcome Center:May 15 through November 15: Open 7 days a week, including federal holidays, from 9:00 am to 5:00 pm.November 16 through May 14: Open Wednesday through Sunday, excluding federal holidays, from 9:00 am to 5:00 pm.
These hours of operation were determined to be in the best interests of the park and are necessary for the proper management of the park.

The park may on occasion alter the days and hours of operation due to staffing constraints. The park may also close the center due to hazardous weather conditions, power outages or other circumstances which necessitate a shutdown.

Notices of operational changes and/or closures will be posted on the park Web site at www.nps.gov/pagr.

Public Use Limits:

Public parking, including ebikes, for the purpose of visiting park facilities or using park resources or for individuals conducting business with the park is permitted in the Welcome Center parking lot. The use of the lot for park visitors is open dawn to dusk for a maximum of up to 4 hours per day.

Passenger carrying busses are not permitted to enter, turn around or park in the lot due to space constraints. Use of the lot for any other purpose is at the discretion of the Superintendent.

The public use area of the building is very small. Visitors or educators seeking to bring groups larger than 15 persons within the building should make a reservation with the Superintendent and/or his designee prior to their visit.

The area behind the Welcome Center, up to and including the top of the “raceway” (i.e. canal) wall, is closed to public access for safety reasons.

Closures:

Picnicking is not permitted in the park.
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Paterson Great Falls National Historical Park is prohibited except as approved in writing by the superintendent.

Definition: 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, drones) that are used for any purpose, including for recreation or commerce.

COVID-19 MASK USAGE

Individuals over the age of two years must wear masks, except when actively eating or drinking.

Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face.

Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.

CDC guidance recognizes that masks should not be worn by children under age two or anyone who has trouble breathing. Wearing masks may be difficult for some people with sensory, cognitive, or behavioral issues. If a visitor is unable to wear a mask properly or cannot tolerate a mask, they should not wear one and may be asked to leave any location where masks are required to be worn.

Visitors may be asked to lower their masks briefly for identification purposes in compliance with safety and security requirements.

Areas Masks are Required to be Worn

1. All common areas and shared workspaces in buildings owned, rented or leased by the National Park Service, including, but not limited to, park visitor centers, administrative offices, friend’s group offices, volunteer stations, gift shops and museum buildings and/or structures.

2. The following outdoor areas, when others are present, where the superintendent has determined that physical distancing (staying at least six feet apart) cannot reasonably be maintained include the visitor parking lots, to include all visitor contact stations, volunteer managed gardens, and relief stations.

Permitted Events and Activities COVID-19:

Per Executive Order No. 13991, Permittee is responsible to ensure that all participants wear a face mask in accordance with CDC and OSHA guidelines when physical distancing (staying at least six feet apart) is not possible. The only exceptions to this are for people under the age of two or when exclusively with people who live in the same household. The masks must cover the wearer’s nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face.

Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.EnforcementViolations of compendium actions are prohibited under 36 CFR 1.5(f). Violations of the terms and conditions of permits are prohibited under 36 CFR 1.6(g)(2) and may result in the suspension or revocation of the permit. Violations of mask-wearing requirements could also result in criminal penalties

(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:

Areas Designated for a Specific Use or Activity:

First Amendment activity designated area, see Section II below.

The following restrictions and/or conditions are in effect for the specific uses or activities noted:

No areas designated for specific use or activity

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

The Superintendent will act upon a permit request within 10 days of receiving a complete permit application. Accordingly, permit applications must be received at least 10 days before the anticipated activity. Permit applications must be accompanied by a non-refundable application fee, except for First Amendment demonstration permit applications. Additional use and monitoring fees may be charged in accordance with established policy and procedures.

Permit requests should be sent to:

Paterson Great Falls NHP
Attn. Special Park Uses Coordinator
72 McBride AvenuePaterson, NJ 07501
or
e-mail: Ilyse_goldman@nps.gov
Phone: 732-447-3847

(f) The following is a compilation of those activities for which a permit from the Superintendent may be required, and the regulations governing each:

Special Events – 36 CFR 2.50 (a)

Public assemblies and meetings – 36 CFR 2.51 (a)

Distribution of printed matter – 36 CFR 2.52 (a)

Memorialization – 36 CFR 2.62 (b)

Advertisements – 36 CFR 2.51

Commercial photography – 36 CFR 5.5 (a) & (b)

Commercial Vehicles – 36 CFR 5.6 III.

DESIGNATIONS UNDER GENERAL REGULATIONS
36 CFR §2.11 – PICNICKING

Picnicking is not permitted in the park.

36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES

Using roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited, except in the following designated areas:

Roller skates, skateboards and similar devices are prohibited for use in the park, except if the user(s) is traversing the park enroute to location(s) where such devices are permitted.

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 25 feet of all government buildings.

The use of e-cigarettes and other Electronic Nicotine Delivery Systems (ENDS) are subject to the same restrictions as tobacco smoking.

36 CFR §2.51 -- DEMONSTRATIONS (b) Demonstrations of more than 25 people are allowed within park areas designated as available under paragraph (c)(2) when the superintendent has issued a permit for the activity.

(c)(2) The following locations are designated as available for demonstrations:

For demonstrations of 25 people or less, the parking lot area of 65 McBride Avenue that is unlined and does not permit the parking of vehicles, at the corner of Spruce Street and McBride Avenue Extension.

36 CFR §2.52 -- SALE OR DISTRIBUTION OF PRINTED MATTER

(b) The sale or distribution of printed matter by more than 25 persons is allowed within park areas designated as available under §2.51(c)(2) (see above) when the superintendent has issued a permit.

The sale or distribution of printed matter by 25 people or less is allowed within the park area designated as available under 2.51(c)(2) (above).

36 CFR §4.30 – BICYCLES (a) The use of a bicycle is allowed in parking areas and on routes designated for bicycle use. Park areas that are allowed to bicycle use are listed in §1.5 of this document. e-Bikes

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 Paterson Great Falls 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 Paterson Great Falls 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.

36 CFR §1.5 – FILMING

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 andequipment 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 daysprior 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:

(1) Engaging in a filming activity without providing advance notice to the Superintendent when required.

(2) 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.

(3) 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.




Last updated: February 26, 2021

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72 McBride Avenue Extension
Paterson, NJ 07501

Phone:

(973) 523-0370

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