Superintendent's Compendium

INTRODUCTION

Scroll down past the introduction and description text for the list of special regulations for the monument.

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 more fully understand the regulations governing the use and enjoyment of all the areas of the National Park System.

A copy of Title 36, CFR, can be purchased from the U.S. Government Printing Office at: www.gpo.gov

OR

Superintendent of Documents
P.O. Box 371954
National Park Service
U.S. Department of the Interior

The CFR is also available on the Internet at: www.ecfr.gov.

 

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, 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 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 in the areas described in 36 CFR1.2(a), including on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park unit. 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:
Superintendent, Grand Canyon -Parashant National Monument
345 E Riverside Drive St. George UT 84790

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 of 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

11. Availability

Copies of the Compendium are available at 345 E Riverside Drive St. George UT 84790. It may also be found at
https://www.nps.gov/para/learn/management/lawsandpolicies.htm

 

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 54 U.S.C. §100751, 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 are identified by italicized print in parentheses.

 

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).

(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.

(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:

• 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)
• 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 approximately 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)
• Use of trail/game/wildlife cameras is prohibited on NPS administered lands, except for permitted scientific research or law enforcement purposes. (The Superintendent has determined that the use of these cameras is detrimental to wildlife, wildlife habitat, and other resources. This is also in conformance with Arizona Game and Fish Commission rule R12-4-303. A. 5, which states that a person shall not use a trail camera for the purposes of taking or locating or aiding in the take of wildlife.)
• Launching, landing, or operating an uncrewed aircraft (drone) from or on lands and waters administered by the NPS within the boundaries of the park is prohibited except as approved in writing by the superintendent.

This restriction is necessary to prevent unacceptable impacts to park resources and values including harming visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds, and disturbing wildlife. This restriction is consistent with NPS Policy Memorandum 14-05 dated June 19, 2014

 

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:

§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. For permit information/application contact the Chief Ranger at 435-688-3280.

§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.

§2.22 Property:

• (b)(1) Trail/game/wildlife cameras determined to be left unattended without a permit will be impounded. Permits may be issued by the Superintendent based on approved scientific research through the National Park Service. Applications for permits can be submitted through RPRS - Requirements to Submit an Application (nps.gov). (The Superintendent has determined that the use of these cameras is detrimental to wildlife, wildlife habitat, and other resources. This is also in conformance with Arizona Game and Fish Commission rule R12-4-303. A. 5, which states that a person shall not use a trail camera for the purposes of taking or locating or aiding in the take of wildlife.)

§2.51 Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views

• (a) Demonstrations of 25 people or less are allowed within the park areas designated as available under paragraph (b) without a permit. Demonstrations of more than 25 people are allowed within designated areas, or at other locations (paragraph c), when the Superintendent has issued a permit for the activity.
• (b) The following locations are designated as available for demonstrations:
  • Entrances to the Monument at the 101 Road (east and west), 111 Road, 113 Road, 103 Road and the 1045 Road. See Appendix B.
  • Other areas considered in accordance with Special Use Permit.
• (c) In accordance with and consistent with 36 CFR §2.51 and §2.52, the Superintendent may issue permits for the exercise of First Amendment activities with the following exceptions:
  • In National Park Service maintained structures: These areas include but are not limited to: within offices, visitor centers, ranger stations, historic structures, gated compounds, public facilities, employee housing areas and workshops.
  • Areas that provide access in to and out of these facilities.
  • Areas determined by the Superintendent where the demonstration activities may significantly impede the park’s mission to protect resources, people, or complete essential park operations.

This is to ensure that visitor services at these facilities can be maintained, and vital park operations will not be impacted. A significant risk to these may outweigh a person’s rights under the First Amendment and will be considered when determining the conditions of the permit.

§2.62 Memorialization:

• Erection of monuments (Requires approval from the Regional Director)
• Scattering ashes from human cremation (Only if the request does not follow the established terms and conditions for this activity).

§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 Filming, Still Photography, and Audio Recording:

• (a) Motion pictures, television, audiography, videography involving the use of professional casts, settings, or crews, other than bona fide newsreel or news television
• (b) Still photography meeting any of the following criteria is prohibited:
  1. Using models, sets or props
  2. Requesting access to a closed area
  3. Resulting in administrative costs to the park.

The Superintendent has determined that the issuance of a commercial filming, photography, or audio recording permit is contingent on adequate protection of park resources, avoidance of unreasonable interference with public access to the park, and actions consistent with all applicable laws. 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. Superintendent will provide the basis for denial in writing upon request.

 

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 for personal use anywhere 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 or specialized wildlife minerals/attractants/feeds, including pellets, corn, etc. (Feeding and supplements can alter natural feeding cycles, species distribution, and may pose health threats to wildlife.)

36 CFR §2.4 – WEAPONS, TRAPS, AND NETS
None of the provisions in this section or any regulation in this chapter may be enforced to prohibit an individual from possessing a firearm, including an assembled or functional firearm, in any National Park System unit if:

1. The individual is not otherwise prohibited by law from possessing the firearm; and
2. The possession of the firearm is in compliance with the law of the State in which the National Park System unit is located.

(b)(1) The following are prohibited

• Recreational shooting will not be allowed on NPS-administered lands. (2008 RMP/GMP, MA-RR-19)
• A quarter-mile radius from the Dellenbaugh Administrative Site cabins is closed to discharging a firearm. (This distance is necessary for the purposes of public/employee safety).
• 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.

(b)(2) Weapons, traps, or nets may be carried, possessed, or used:

• In areas open to hunting and trapping, during a legal hunting or trapping period, in accordance with state law. (36 CFR §2.2; 36 CFR §2.4; Arizona state hunting regulations)

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 and not signed for closure. (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.. (2008 RMP/GMP, MA-RR-19)
• No tethering of any animal within 100 feet at historic sites and cultural properties. (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 ensures visitors adequate space/distance so that the generator noise does not disturb other visitors. Generators also create noise that has the potential to negatively impact wildlife.

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:

• 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 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.
• Burning of garbage, refuse, or discarded materials (regardless of the physical makeup of the items) is prohibited.
• 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:
(Fully extinguished per Smokey the Bear: Extinguishing Your Campfire).

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. 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.

Campfires that are not fully extinguished have a high probability of creating a wildfire which may result in the loss of human life, increased risks to firefighter safety, and unacceptable impacts to natural and cultural resources on the Monument.

36 CFR §2.15 – PETS
(a)(1) Dogs are required to be on leash on NPS-administered lands with the following exception. (2008 RMP/GMP MA-TE-37)

• The use of dogs in support of hunting must be in accordance with Federal and State laws and the following conditions:
  1. Only used during upland bird hunting (no big game hunts)
  2. Dogs must wear collars with owners contact information
  3. Dogs must be under control at all times.

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

• Horses and pack animals may be ridden or used throughout the Monument except that sheep and goats will not be authorized as pack stock within nine miles of desert bighorn sheep habitat. Sheep or goats will not be authorized on NPS administered lands. (2008 RMP/GMP MA-GM-02)
• 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 §2.17 – AIRCRAFT and AIR DELIVERY
(c)(1) The removal of a downed aircraft, components, or parts thereof is subject to procedures established by the Superintendent through written authorization.
The superintendent has determined that the removal of a downed aircraft has the potential to cause significant harm to park resources and values and that specific conditions regarding the timing and manner of removal require a permit to protect such resources and values.

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

• Use of game/wildlife/trail cameras is prohibited except for permitted scientific research or law enforcement. (The Superintendent has determined that the use of these cameras is detrimental to wildlife, wildlife habitat, and other resources. This is also in conformance with Arizona Game and Fish Commission rule R12-4-303. A. 5, which states that a person shall not use a trail camera for the purposes of taking or locating or aiding in the take of wildlife.)
• 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. 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) The scattering of human ashes from cremation, without a permit, is allowed under the following terms and conditions:

• Scatter the ashes in a discreet and private manner
• The ashes to be scattered must be processed by pulverization after cremation
• The scattering of remains by persons on the ground is to be performed at least 100 yards from any public-use areas, trail, road, developed facility, or body of water.
• Scattering must result in complete dispersal of ashes. Ashes may not be piled in one location, buried, or distinguishable to the public in any way.
• Monuments, memorials, plaques, or any form of commemorative item, may not be left on site.
• Plant and flower arrangements that contain seeds may not brought to the site, as these may introduce non-native or invasive species.
• Rocks, vegetation, and other natural resources must not be moved, stacked, or disturbed in any way.

Grand Canyon-Parashant National Monument is a special landscape for many people. Family and friends should be aware of the sensitivity of this activity. If done following the guidance above, no impacts to park resources are expected.

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) This includes the use of Other Power-Driven Mobility Devices (OPDMDs) such as UTVs (side-by-sides) used by persons with disabilities on NPS-managed monument roads. (OPDMDs do not meet the definition of a Wheelchair. The Americans with Disabilities Act (ADA) definition of a wheelchair (Title V Section 508c) is: a manually-operated or power-driven device designed primarily for use by an individual with a mobility disability for the main purpose of indoor or outdoor locomotion. Mobility device technology has come a long way in recent years, spanning a variety of shapes, sizes, and capability in varied terrain. Those devices that meet the definition of a wheelchair are ALLOWED anywhere foot travel is allowed in our National Parks. This includes the opportunity to participate in wilderness experiences. OPDMDs are defined as any mobility device powered by batteries, fuel, or other engines, that is NOT primarily designed for individuals with mobility disabilities, that are used by such individuals for the purpose of locomotion are classified as an Other Powered-Driven Mobility Device (OPDMD). OPDMDs examples include golf cars/carts, electronic personal assistance mobility devices, such as the Segway ® Personal Transporter (PT), or any mobility device that does NOT meet the definition of a wheelchair).

36 CFR §4.30 – Bicycles
(i) (1) The use of an electric bicycle is allowed on monument roads, parking areas, and administrative roads that are otherwise open to bicycles.