Superintendent's Compendium

2017 Superintendent's Compendium Signature
2017 Superintendent's Compendium Signature

NPS Photo

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 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
Pittsburgh, PA 15250-7954

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 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:

Superintendent
Pipestone National Monument

36 Reservation Ave

Pipestone, MN 56164

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 36 Reservation Ave, Pipestone, MN 56164. It may also be found at https://www.nps.gov/pipe/index.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 54 U.S.C. §100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Pipestone 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 – 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:

· Visitor Center operating hours are from 8:00am to 5:00pm.

· The monument trail and picnic area are open 24 hours.

Public Use Limits:

Closures:

· Visitors are restricted to established trails and public use areas as identified on monument maps and publications. All other areas of the monument are closed to the general public and may only be entered by person or groups if led by authorized Park Service employees, or authorized and approved by the superintendent or his/her representative.

Determination: The protection of natural and cultural resources and endangered species within the tall grass prairie areas.

· Vehicle and bicycle travel is only allowed on the paved roads and parking lots, other than special use permit, emergency or maintenance.

Determination: The protection of natural and cultural resources and endangered species within the tall grass prairie areas. Per the Monument’s 2008 General Management Plan (GMP), American Indians may utilize the designated ceremonial use zone if prior authorization under a special use permit has been issued by the superintendent. Upon issuance of a special use permit, the area within the ceremonial zone is accessible for motor vehicle use.

· Segway and motorized scooters as defined under 36 C.F.R. § 1.4, are motor vehicles. Pursuant to 36 C.F.R. § 1.5(a), 4.10(a) the monument has imposed an interim restriction on the use of Segway and motorized scooters from all areas within the monument including all monument roads and sidewalks. However, any visitor with a mobility disability is permitted to use Segway and motorized scooters throughout the park, including all structures, facilities, roads, sidewalks, Circle Trail and other surfaces when such devices are used for the sole purpose of mobility assistance.

Determination: This provides for the use of mobility assistive devices within the monument for individuals with disabilities and protection of the monument resources against recreational activities inconsistent with monument management. Persons escorted by monument employees are exempt.

· The monument bone yard, mechanical rooms, administrative offices, the area behind the crafters display area, Pipestone Indian Shrine association storage room and office, and maintenance shop are closed to visitor use.

Determination: These closures are necessary for the maintenance of public safety, security of governmental functions, and protection of government property. Less restrictive measures would expose the public to potential safety hazards and allow potential damage to and theft of government property and information.

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

  • Gathering of Certain Plants or Plant Parts by Federally Recognized Indian Tribes for Traditional Purposes

The National Park Service is establishing a management framework to allow the gathering and removal of plants or plant parts by enrolled members of federally recognized Indian tribes for traditional purposes. The rule authorizes agreements between the National Park Service and federally recognized tribes that will facilitate the continuation of tribal cultural practices on lands within areas of the National Park System where those practices traditionally occurred, without causing a significant adverse impact to park resources or values. This rule respects those tribal cultural practices, furthers the government-to-government relationship between the United States and the tribes, and provides system-wide consistency for this aspect of National Park Service-tribal relations.

This rule will be effective on August 11, 2016.

Gathering and removing plants or plant parts is currently prohibited in National Park System areas unless specifically authorized by federal statute or treaty rights or conducted under the limited circumstances authorized by an existing regulation codified at 36 CFR 2.1(c).

This rule authorizes the National Park Service (NPS) to enter into agreements with federally recognized Indian tribes to allow for the gathering and removal of plants or plant parts from National Park System areas for traditional purposes. Only enrolled members of a federally recognized tribe will be allowed to collect plants or plant parts, and the tribe must be traditionally associated with the specific park area. This traditional association must predate the establishment of the park. The plant gathering must meet a traditional purpose that is a customary activity and practice rooted in the history of the tribe and is important for the continuation of the tribe's distinct culture. Authorized plant gathering must be sustainable and may not result in a significant adverse impact on park resources or values. The sale and commercial use of plants or plant parts within areas of the National Park System will continue to be prohibited by NPS regulations at 36 CFR 2.1(c)(3)(v).

This rule does not affect any existing statutory or treaty right to gather plants within areas of the National Park System.

Visitor Access

· Visitors are restricted to established trails and public use areas as identified on monument maps and publications. All other areas of the monument are closed to the general public and may only be entered by person or groups if led by authorized Park Service employees, or authorized and approved by the superintendent or his/her representative.

Determination: The protection of natural and cultural resources and endangered species within the tall grass prairie areas.

· The Visitor Center has a 40-person occupancy maximum in the auditorium.

Determination: For public health and safety and to meet fire code.

· Vehicle and bicycle travel is only allowed on the paved roads and parking lots, other than special use permit, emergency or maintenance.

Determination: The protection of natural and cultural resources and endangered species within the tall grass prairie areas. Per the Monument’s 2008 General Management Plan (GMP), American Indians may utilize the designated ceremonial use zone if prior authorization under a special use permit has been issued by the superintendent. Upon issuance of a special use permit, the area within the ceremonial zone is accessible for motor vehicle use.

· Segway and motorized scooters as defined under 36 C.F.R. § 1.4, are motor vehicles. Pursuant to 36 C.F.R. § 1.5(a), 4.10(a) the monument has imposed an interim restriction on the use of Segway and motorized scooters from all areas within the monument including all monument roads and sidewalks. However, any visitor with a mobility disability is permitted to use Segway and motorized scooters throughout the park, including all structures, facilities, roads, sidewalks, Circle Trail and other surfaces when such devices are used for the sole purpose of mobility assistance.

Determination: This provides for the use of mobility assistive devices within the monument for individuals with disabilities and protection of the monument resources against recreational activities inconsistent with monument management. Persons escorted by monument employees are exempt.

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

Passenger Carrying Buses:

  • Idling of any engine that produces exhaust in the Visitor Center parking lot is restricted to loading and unloading passengers.
  • Engine warm-up or idling prior to loading or unloading of passengers is limited to 10 minutes.

Determination: The idling of bus engines adds unnecessary noise and exhaust fumes into the air and diminishes the enjoyment by visitors of the peace and tranquility of the monument.

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 Pipestone National Monument is prohibited.

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.

The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Pipestone National Monument will conflict with, or impact, a variety of park uses including visitor experience.

Determination: Pipestone National Monument was established in 1937 to preserve the American Indian tradition of quarrying pipestone as well as to protect the wildlife, tall grass prairie ecosystem, and the landscape of the area for the enjoyment of the public.

The landscape within the monument contains a remnant of the tall grass prairie which once covered the entire Great Plains of the central United States. The use of an unmanned aircraft would unreasonably interfere with the view of the tall grass prairie landscape that Pipestone National Monument preserves.

Pipestone National Monument is also home to many wildlife species that depend on this small remnant of tall grass prairie for survival. The use of an unmanned aircraft would result in a significant conflict with many wildlife species found in the tall grass prairie of Pipestone National Monument.

Many American Indians view this area as sacred ground due to the ceremonial use of the pipestone. American Indians as well as other visitors, find an atmosphere of peace and tranquility within the boundaries of Pipestone National Monument. The use of an unmanned aircraft would unacceptably impact the atmosphere of peace and tranquility maintained within Pipestone National Monument.

The use of unmanned aircraft within the boundaries of Pipestone National Monument has the potential to harm visitors, disturb wildlife, impact viewsheds, cause excessive noise, and interfere with other visitors' enjoyment of the area. A less restrictive approach is not appropriate at this time due to the impacts the devices could potentially present to visitor safety, park values, and to park resources.

(a)(3) The following restrictions, limits, closures, designations, conditions, or visiting hour restrictions imposed under §§(a)(1) or (2) have been terminated:

· Item

· Item

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) The following activities related to Public Use Limits:

· Special events may require a written permit from the Superintendent.

§2.10(a) Camping and Food Storage activities:

· Camping is prohibited within the boundary of Pipestone National Monument

§2.12 Audio Disturbances:

· (a)(2) Operating a chain saw in developed areas

· (a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas

· (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

§2.17 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

§2.23(b) The following special recreation activities (per 36 CFR Part 71):

§2.37 Soliciting or demanding gifts, money goods or services (Pursuant to the terms and conditions of a permit issued under §2.50, §2.51 or §2.52)

§2.38 Explosives:

· (a) Use, possess, store, transport explosives, blasting agents

· (b) Use or possess fireworks

§2.50(a) Conduct a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and similar events

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

  • The two area(s) designated for First Amendment activities or the distribution of printed materials shall be limited to the lawn areas of the Visitor Center, The first site is the island of grass in front of the Visitor Center defined by the roadway and parking lots. The group may not interfere with the public on the sidewalks or in the parking lots. The second site is the grass area south of the Visitor Center. From the asphalt walkway south to the un-mowed grass, and from the sidewalk next to the parking lot east to the fee collection box. The group may not interfere with the public on the sidewalk or walkway or in the parking lots.
    • Groups can only have handheld signs, no stakes or posts. Nothing is to be stuck into the ground.
    • Shade tents are limited to day use only, and for shade use only, no camping style tents. The tents are to be free standing in nature. If the tents need to be tied down the cord will be flagged so not to create a tripping hazard, and the stake will be small in size to limit damage to the grass area.
    • The first area is limited to no more than 500 people. The second area is limited to no more than 150 people.
    • See attached maps at end of document for the designated locations.

§2.52(c) Sale or distribution of printer matter that is not solely commercial advertising

§2.60(b) Livestock use

§2.61(a) Residing on federal lands

§2.62 Memorialization:

· (a) Erection of monuments (Requires approval from Regional Director)

· (b) Scattering ashes from human cremation

§3.3 Use of a vessel

§4.11(a) Exceeding of established vehicle load, weight and size limits

§5.1 Advertisements - (Display, posting or distribution.)

§5.2(b) Sale of intoxicants on private lands.

§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.

§5.6(c) Use of commercial vehicles on park area roads

  1. superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available)

§5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.

§6.9(a) Operation of a solid waste disposal site

Part 7 Special Regulations

§7.42 Pipestone National Monument

An American Indian desiring to quarry and work “catlinite” pipestone shall first secure a permit from the Superintendent. The permit shall be issued without charge and shall be valid only during the time frame within the calendar year in which it was issued.

Part 10 Disposal of Certain Wild Animals (Wind Cave)

Part 12 National Cemeteries

III. GENERAL REGULATIONS

36 CFR §2.2 - WILDLIFE PROTECTION

(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:

Prohibiting the retrieval of wounded animals protects wildlife within the monument by eliminating poaching opportunities that can occur when poachers simulate the legal harvest of an animal off-monument, but instead have poached an animal within the monument. Legitimate hunters will have a moral desire to end the suffering of a wounded animal, and as such must contact a park ranger who will then dispatch the wounded animal. The wounded animal will then be left to decompose back to the natural environment. Prohibiting foot travel across the monument in search of wounded animals will also have the benefit of protecting the fragile winter ecosystem of the tall grass prairie.

(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:

  • All areas within Pipestone National Monument

Determination: The purpose of these restrictions is to reduce the impact of human presence on wildlife. If human activity alters wildlife behavior, it creates undue stress, and possible death, of the animal and conflicts with the normal processes of the ecosystem.

Night Vision Devices are not artificial lights. However, infrared lighting/beams are artificial lights and are prohibited.

36 CFR §2.3 – FISHING

(a) The following State fishing laws and/or regulations, as noted, do not apply in the listed areas:

  • Fishing is prohibited within Pipestone National Monument

Determination: Due to the presence of an endangered species of fish (Topeka Shiner) located in Pipestone Creek, fishing is prohibited.

36 CFR §2.10 – CAMPING and FOOD STORAGE

· The superintendent may require permits, designate sites/areas, and establish conditions for camping.

Determination: Per the Monument’s 2008 GMP, American Indians may utilize the designated zone(s), if they have prior authorization under a Special Use Permit issued by the Superintendent.

36 CFR §2.11 – PICNICKING

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 picnic area
    • The ceremonial use zone except for the camping area
    • The Monument housing area
    • Other ceremonial use sites, as approved by the superintendent

Receptacles Allowed:

  • Fires are permitted in park-provided grates, fire pits, or self-contained cooking units

Established Conditions for Fires:

  • The dumping of hot or cold coals on the ground is prohibited
  • Fires may be restricted during times of high or extreme fire danger

Determination: Charcoal and wood fires may be used in monument picnic area fire grates or in a metal burner used to hold the fire, such as a grill or hibachi, and that any remaining coals are completely extinguished prior to disposal in trash receptacles. Any remaining charcoal or ashes may not be deposited on the ground. This determination is based on the fact that many visitors to Pipestone bring only charcoal grills to prepare food in the picnic area. This will allow these visitors to prepare food while still protecting the monument for wildlife. The designation may be restricted during periods of high fire danger.

Per determination in the Monument’s 2008 GMP, American Indians may construct open wood fires in designated ceremonial use zones, if they have prior authorization under a Special Use Permit issued by the monument superintendent.

36 CFR §2.15 – PETS

(a)(1) The following structures and/or areas are closed to the possession of pets:

  • Pets are prohibited in any public building, even if they are carried; with the exception of service animals that assist visitors with disabilities, I.E. dogs that guide the blind and hearing impaired.
  • Pets must be restrained on a leash no longer than 6 feet in length
  • Pets may be left unattended within motor vehicles with proper ventilation and water and in weather that is not hazardous to the welfare of the animal.
  • Pet excrement must be disposed of in accordance with the following conditions:

Pet excrement must be immediately collected by the pet handler and disposed of in the nearest trash receptacle. The monument has provided pet stations at the following locations: The picnic area and the Visitor Center. Both locations are green in color and have small plastic bags for the owners of the pets to pick up and dispose of their pet’s excrement.

Determination: Pet owners are responsible for their animals, including cleaning up after them. The nature of the monument, being sacred ground requires that the monument landscape be treated with respect and decorum.

(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

· Pet excrement must be immediately collected by the pet handler and disposed of in the nearest trash receptacle. The monument has provided pet stations at the following locations: The picnic area and the Visitor Center. Both locations are green in color and have small plastic bags for the owners of the pets to pick up and dispose of their pet’s excrement.

· Item

36 CFR §2.16 – HORSES and PACK ANIMALS

(b) The use of horses or pack animals is allowed on the following trails, routes or areas:

  • Horses may be allowed within the monument under a special use permit, with the prior approval of the Superintendent.
  • Horses may be present in the Ceremonial Use Zones, with the following conditions:

Only certified weed-free hay or processed feed products may be brought in the monument.

(g) Other conditions concerning the use of horses or pack animals:

· The tying of horses to any living or dead feature that causes damage to the feature, vegetation, or soil is prohibited.

· Picket-pin sites shall be moved frequently to prevent over-grazing or other damage to vegetation, and the pins shall be pulled from the ground before leaving the campsite.

· Horses are prohibited on any portions of the prairie or on any trails outside of the Ceremonial Use Zone.

· Horse manure shall be collected (disposed of in the trash dumpster) and shall be completely removed from the camp.

· If a horse or pack animal is lost or dies within the Monument boundaries, the loss/death shall be reported as soon as possible to the Monument superintendent or any park ranger. The removal of the animal is the responsibility of the owner or rider.

Determination: Per the Monument’s 2008 GMP, American Indians may utilize the designated ceremonial use zone, if they have prior authorization under a Special Use Permit issued by the Monument Superintendent. Use of horses in this zone may also be authorized, but with the conditions outlined above.

36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES

The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the following areas:

· Monument roads and parking lots.

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 in all public buildings
  • Smoking is prohibited in all government vehicles
  • Smoking on trails and other outside areas of the monument may be prohibited during periods of high to extreme fire danger.
  • A temporary exemption may be instituted by the superintendent for any American Indian ceremonial activities in the Visitor Center.

Determination this order brings monument policy into compliance with Executive Order 13058: “Protecting Federal Employees and the Public from Exposure to Tobacco Smoke in the Federal Workplace” (issued August 9, 1997), and Part 310, Section 11 of the Department of the Interior Manual (310 DM 11). The purpose is to provide for the protection of the public and employee health while allowing reasonable accommodations for the employees who choose to smoke in their quarters and for when the Superintendent determines American Indian ceremonial activities in any government building warrant an exemption to the Executive Order.

36 CFR §2.22 – PROPERTY

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

· Property may not be left unattended for periods longer than 24 hours unless the Monument Superintendent gives specific permission.

36 CFR §2.23 – RECREATION FEES

(b) Recreation fees, and/or a permit, in accordance with 36 CFR part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events or specialized recreation uses:

Entrance Fee Areas:

· Pipestone National Monument Entrance Fee system is in place on a year-round basis. The Fees are collected at the Visitor Center front desk for the use of the Monument including the Picnic area, Trails, Parking areas and the Visitor Center.

    • Per Person Pass: $7.00* - Those aged 15 and under are free, as well as American Indians
    • Pipestone National Monument Annual Pass: $30.00
    • Senior Annual Pass: $20.00
    • Senior Lifetime Pass: $80.00
    • Interagency Annual Pass: $80.00
    • Interagency Access Pass: FREE**
    • Interagency Military Pass: FREE***
    • Interagency VIP Annual Pass: FREE****

· *Entry for the Per Person Pass is valid for seven days from initial entry upon production of a valid receipt.

· **The Interagency Access Pass is free of charge to person(s) who are medically determined to have a permanent disability.

· ***The Interagency Military Pass is free of charge to ACTIVE DUTY military only.

· ****The Interagency VIP Annual Pass is free of charge to person(s) who volunteer 250 hours to a Federal Land Management Area..

Special Recreation Permit Fee (Such as but not limited to, group activities, recreation events, and the use of motorized recreation vehicles):

· Special Use Permits: Have administrative cost(s), cost of recovery, Require Insurance policy(s) that covers the parties on the permit and the Monument. The cost of recovery fees includes what the Monument occurs during the oversight of the permit and any costs to return the Monument to pre event conditions and any cleanup costs.

36 CFR §2.35 – ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES

(a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:

· The possession and consumption of alcoholic beverages is prohibited in the Monument, except for the employee housing.

Determination: Possession and consumption of alcoholic beverages is inconsistent with the cultural significance of the pipestone quarries and American Indian sacred values of the site. In consideration of those values, possession and consumption of alcoholic beverages is prohibited, except for occupants in employee housing.

36 CFR §2.38 – EXPLOSIVES

(b) Fireworks and firecrackers may be possessed and/or used in the following areas, under the conditions noted:

· Possession and use of fireworks and firecrackers are prohibited in the Monument.

Determination: The City/County of Pipestone prohibits fireworks.

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:

· A permit is required for the scattering of ashes from cremated human remains. The superintendent will establish the conditions of the permit.

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 developed areas, facilities, or bodies of water.

36 CFR §3.21 – SWIMMING AND BATHING

(a)(1) The following areas are closed to swimming and bathing:

· All waters within Pipestone National Monument are closed to swimming and/or bathing.

Determination: The waters within Pipestone National Monument are contaminated and pose a public health and safety risk.

36 CFR §4.10 – TRAVEL ON PARK ROADS AND ROUTES

(a) Park roads, open for travel by motor vehicle are those indicated below, and/or as indicated in the following publication or document (attached hereto):

· Reservation Avenue

36 CFR §4.21 – SPEED LIMITS

(b) The following speed limits are established for the routes/roads indicated:

· 10 miles per hour within all picnic areas, parking areas, utility areas or residential area.

· 25 miles per hour on the main road.

Determination: Due to the nature of the monument’s main road: no shoulders, narrow roadway lanes, and the frequent presence of people walking and bicycling on the roadway, a reduction in speed limit from 30 miles per hour to 25 miles per hour was implemented in 2012. This reduction was necessary for visitor and public safety on the main road.

36 CFR §4.30 – BICYCLES

  1. Park roads and parking areas that are closed to bicycle use are listed in section 1.5 of this document.

CCTV Plan and Procedures

Objectives.

CCTV will be used to help ensure public safety and security; facilitate the detection, investigation, prevention and deterrence of terrorist attack and crime; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals.

CCTV will be used only to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists.

Operation and Use

CCTV cameras, which will also record its images, will be operated by the National Park Service twenty-four hours a day, seven days a week, in a professional manner and only to further legitimate law enforcement and public safety objectives.

No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin and political affiliation or views.

CCTV will not target or focus on the faces of persons engaging in First Amendment demonstration activity unless there is a reasonable indication of a threat to public safety or that they are engaging in criminal activity.

Disclosure and use of any information obtained will be limited to appropriate law enforcement and public safety purposes.

The CCTV Controlled Facility

CCTV images will be transmitted through secured hardwire tamper-alert feeds.

CCTV images will be gathered by unattended recording devices that are accessible only by authorized personnel.

Access to the CCTV system will be limited to authorized law enforcement, security, maintenance, and repair personnel..

The supervisory official assigned to, or responsible for, the controlled facility shall monitor the activities of assigned personnel to ensure full compliance with this Guideline Manual.

Live and Recorded CCTV Images

Access to recorded images will be limited to authorized law enforcement and security personnel and park managers for public safety purposes and to government attorneys and police managers for civil litigation and disciplinary purposes.

Any recorded video images shall be documented and stored in a secure location with controlled access that is limited to authorized personnel.

Any recorded video images shall be retained for no more than 6 months and then destroyed unless needed as evidence for a documented criminal incident. In the event a video recording needs to be retained more than 6 months, the reason(s) for the recording’s retention, length of time, and its chain-of-custody shall be documented. Once the recording is no longer needed, it shall be destroyed.

Upon the written consent of the Chief Ranger, selected photographic stills or portions of the video recording may be reproduced and retained for historical or training purposes, except that no such photograph/video still shall reveal any civilian’s identity.

Accountability

Any violation of this Guideline Manual may result in appropriate disciplinary action.

Nothing in this Guideline Manual is intended to create any rights, privileges, or benefits not otherwise recognized by law. Rather, it is meant to ensure that CCTV is properly used based on legally appropriate and relevant law enforcement and public safety considerations and information.

Public Notice and Comments

The National Park Service encourages public comments regarding its CCTV plan and procedures contained in this Guideline Manual, which we will periodically reexamine and which is a matter of public record. Any suggested substantive revisions by the National Park Service must first be reviewed by the Solicitor’s Office and appropriate government officials. Any public comments, complaints, or suggested changes should be directed to the Pipestone National Monument, Chief Ranger, 36 Reservation Ave, Pipestone, MN. 56164.

Last updated: January 26, 2018

Contact the Park

Mailing Address:

36 Reservation Ave
Pipestone, MN 56164

Phone:

(507) 825-5464 x214

Contact Us