Superintendent's Compendium of Special NPS Regulations

2019 Superintendent's Compendium

 

Introduction:

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 Grand Canyon-Parashant National Monument. 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(a) (1) - Visiting hours, public use limits, closures and area designations for specific use or activities
The violation of a closure, restriction or condition designated under §1.5(a) is cited under §1.5(f).

1.5 Closures and Public Use Limits
(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 activity:

• Visiting Hours - Grand Canyon-Parashant National Monument is open 24 hours per day.
• Use of non-motorized wheeled game carriers to retrieve kills are not permitted in designated wilderness and NPS proposed wilderness (2008 RMP/GMP, MA-TM-08)
• E-bikes are allowed in Grand Canyon-Parashant National Monument 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 Grand Canyon-Parashant National Monument 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. 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.).

(a)(1) Launching, landing or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Grand Canyon-Parashant National Monument 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.

(a)(2) The following areas have been designated for a specific use or activity, or impose conditions or restrictions on a use or activity under the conditions and/or restrictions as noted:
Per the road designation in the General Management Plan Record of Decision February 2008: Kelly Point Seasonal Road Closure – Seasonally closed to motorized vehicles from the third Monday of November through the last Friday in March each year to prevent soil erosion and other resource impacts due to soil moisture in meadows and vehicle tire rutting. (Route Designation decision, P4028-Seasonal/Temporary Motorized Closure to All Users)

 

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 (Discretionary authority comments found in sections later in this document):
For permit information/application contact the Chief Ranger 435-688-3280

• §1.5(d) Activities related to Public Use Limits

• Permits will be required to access Kelly Point Road during the motorized vehicle restrictive season (November-March). Visitors requesting access to Kelly Point Road with a motorized vehicle during the off season can apply through the Chief Ranger’s office. Permits may be issued based on the absence of adverse weather and road conditions and will limit the permitee to a maximum of three motorized vehicles.
• §2.12 Audio Disturbances:
  • • (a)(3) Operation of a portable motor or engine, or device powered by a portable motor or engine in non-developed areas
• §2.62 Memorialization:
  • • (a) Erection of monuments (Requires approval from the Director)
    • (b) Scattering ashes from human cremation
• §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).
• §5.5 Commercial Photography/Filming:
  • • (a) Commercial filming of motion pictures or television involving the use of professional casts, settings or crews, other than bona fide newsreel or news television

(b) Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.

 

III. GENERAL REGULATIONS
36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(a)(4) Dead wood on the ground may be collected for use as fuel for campfires within the monument in the following areas:

• Dead and downed wood, on the ground, may be collected and used for campfires any where within and for the personal use within the Monument (2008 RMP/GMP decision, MA-RR-18)

36 CFR §2.2 – WILDLIFE PROTECTION
(a)(2) The feeding, touching, teasing, frightening or intentional disturbing of wildlife nesting, breeding, or other activities:

• Feeding includes mineral or salt blocks, and specialized wildlife minerals/attractants/feeds

(The market is now flooded with specialized deer feed and attractants. Supplements can alter natural feeding cycles and may pose health threats.)
36 CFR §2.4 – WEAPONS, TRAPS, AND NETS
(a)(2)(i) Weapons, traps, or nets may only be carried, possessed or used at the following designated times and locations:

• In areas open to hunting and trapping, during a legal hunting or trapping period, and in accordance with state law. (For additional information, see 36 CFR §2.2; 36 CFR §2.4; Arizona state hunting regulations,)
• Park visitors who can legally possess and carry firearms under federal, state, and local law are allowed to carry them in the park. The role of the responsible gun owner is to know and obey the federal, state, and local laws appropriate to the park they are visiting. (A quarter-mile radius from the Dellenbaugh Administrative Site cabins is closed to discharging a firearm for the purposes of public/employee safety)
• (a)(2)(ii) Target practice is prohibited throughout the monument.
• 18 U.S.C. § 930 prohibits the possession of firearms in “federal facilities,” which are defined as “buildings or parts thereof owned or leased by the federal government, where federal employees are regularly present for the purpose of performing their official duties.” These places are marked with signs at public entrances.

36 CFR §2.10 – CAMPING and FOOD STORAGE
(a) Camping activities are in effect as noted:

• Vehicle camping along designated routes will be allowed only at existing sites where previous camping use is evident. (2008 RMP/GMP, MA-RR-14)
• Non-motorized, dispersed camping will be allowed subject to Trail and Travel Management decisions.(2008 RMP/GMP, MA-RR-15)
• Camping is limited to a maximum of 14 consecutive days in any 28-day period at any one location. Campers must move to another camp area at least 30-miles away for a minimum of 14 days before returning to the same camp area. (2008 RMP/GMP, MA-RR-12)
• Camping is restricted at historic sites and cultural properties and is restricted within a ¼ mile distance from any feature within the identified cultural/historic landscape. List of locations (Appendix A) is not inclusive. (2008 RMP/GMP, MA-RR-19)
• Tethering of any animal within 100 feet at historic sites and cultural properties. (2008 RMP/GMP, MA-RR-19)
• Per AZGFD regulation, no camping within ¼ mile of a water source (2008 RMP/GMP, MA-RR-19)
• Specific locations posted with No Camping signs for temporary restrictions or sensitive wildlife species habitat or rare vegetation (2008 RMP/GMP, MA-RR-19)

36 CFR §2.12 – AUDIO DISTURBANCES
(a)(3) In non-developed areas, operating a portable engine to generate power for personal camping use pursuant to the conditions of a permit. The permit must be in the presence of the said user. A Soundscape Permit is offered on the Parashant website and may be issued by a Protection Ranger on-site at the time a ranger locates a campsite. (Dispersed camping allows campers adequate space/distance the generator noise does not disturb a personal soundscape. Within the jointly managed monument, gain consistence with camping on BLM lands)

36 CFR 2.13 – FIRES
(a)(1) The lighting or maintaining of fires under the conditions noted:

• Fires are permitted in grills, fire rings, portable stoves, portable barbecues, and portable fireplaces throughout the backcountry with the exception of specific posted locations that include historic sites and within designated cultural landscapes.
• Ground fires are not permitted at any historic or archeological site
• The use of woods or items to produce a fire may not have foreign materials like staples, nails, screws, or plastics. All trash must be removed from fire pits upon completion of use. No glass is allowed in fire pits.
• The campfire may not exceed four feet height and four feet wide at any time.

(Natural resource impacts occur when campers utilize an area for overnight stays. Campfires traditionally are the source for reducing camp trash associated with meals and reducing intrusions by wildlife and the amounts of trash hauled out of the backcountry. Campfire debris accumulates to where campers relocate the fire ring which impacts and expands the overall campsite footprint)

(b) Fires must be fully extinguished according to the following conditions:

• Burning of garbage, refuse, or discarded materials (regardless of the physical make up of the items) is prohibited.
• Fire restrictions posted by the Superintendent.

(Fully extinguished per Smokey the Bear: Extinguishing Your Campfire)
When you're ready to put out your fire follow these guidelines:
1.Allow the wood to burn completely to ash, if possible
2.Pour lots of water on the fire, drown ALL embers, not just the red ones
3.Pour until hissing sound stops
4.Stir the campfire ashes and embers with a shovel
5.Scrape the sticks and logs to remove any embers
6.Stir and make sure everything is wet and they are cold to the touch
7.If you do not have water, use dirt. Mix enough dirt or sand with the embers. Continue adding and stirring until all material is cool. Remember: do NOT bury the fire as the fire will continue to smolder and could catch roots on fire that will eventually get to the surface and start a wildfire)

36 CFR §2.15 – PETS
(b) Dogs used for the purpose of hunting in accordance with Arizona State law and the following conditions:

• Lion- Hunter must possess a Lion Hunting Tag. Ten dogs maximum with half the number being active and the remaining in-active. No Coursing/training regardless of possessing a hunt tag. To prevent the pursuit of non-target animals, i.e.-“trashing off” a remote control device, like a shock collar is required.
• Quail- Two dogs per hunter. Four dogs per group of hunters.

(In the State of Arizona dogs are permitted for these types of hunts. Consistency between the BLM and NPS within the boundaries of the Monument allows for consistent less confusing recreational activities)

36 CFR §2.16 – HORSES and PACK ANIMALS
(b) The use of horses or pack animals is allowed:

• Horses and pack animals may be ridden or used throughout the Parashant National Monument.
• Tethering stock animals to historic structures and cultural resources is prohibited. Structures and cultural resources include fences, corrals, buildings, cabins, stone walls, chimneys, rock writing panels and alcoves/caves. Keep all animals at least 100 feet from these sensitive features. (2008 RMP/GMP MA-RR-19)
• Certified weed-free feed required (2008 RMP/GMP MA-RR-20)

36 CFR §2.22 – PROPERTY
(a)(2) Property left unattended for longer than 24 hours:

• Use of game cameras is prohibited except for permitted scientific research.

(Cameras may be impounded if left unattended beyond 24 hours)

(a)(2) Property may be left unattended for periods longer than 24 hours under the following conditions:

• Geocache sites are prohibited in archeological sites, alcoves, caves, rock shelters, threatened and endangered species habitat, and raptor nesting sites, or where identified Monument objects will be at risk. Permission to establish a geocache will need to be obtained prior to the placement of the geocache. In-the-ground placement or burial of geocaches, movement of natural or cultural items or the manipulation of the natural or cultural environment is prohibited. (2008 RMP/GMP MA-RR-22)

36 CFR §2.62 – MEMORIALIZATION
(b) A permit is required for the scattering of ashes from cremated human remains, or in the following designated areas without a permit, in accordance with the following terms and conditions:

• The scattering of human ashes from cremation, without a permit, is allowed under the following terms and conditions:

- The remains to be scattered must have been cremated and pulverized.
- The scattering of remains by persons on the ground is to be performed at least 100 yards from any trail, road, developed facility, or body of water.
- The scattering of remains from the air is to be performed at a minimum altitude of 2000 feet above the ground.
- No scattering of remains from the air is to be performed over facilities, or bodies of water.

36 CFR §4.10 – TRAVEL ON PARK ROADS AND DESIGNATED ROUTES
(b) On roads adjacent to NPS proposed wilderness and within the wilderness boundary setback, visitors can park only on the road shoulder and immediate roadside, allowing for vehicle passage and emergency stopping, unless posted (2008 RMP/GMP MA-TM-11)

 

Appendix A

Tassi Ranch

Stone Corral (Pigeon Wash)

Old Sawmill Site (Kelly Point Road)

Horse Valley/Waring Ranch

Pine Valley Ranch (Pine Valley Admin Loop)

Green Spring Sawmill Site (Kelly Point Road)

Nutter Cross Fence & Corral (Kelly Point Road-Ambush Pocket)

Spencer Corral (Kelly Point Road)

Shanley Cabin & Ponds (Kelly Point Road)

Dinner Pocket Cabin (Amos Point Road)

Copper Mountain Mine