Superintendent's Compendium

Introduction

The Superintendent’s Compendium is a compilation of Designations, Closures, Requests, Requirements, and other Restrictions imposed under the discretionary authority of the Superintendent.

The following regulatory provisions are established for the proper management, protection, government, and public use of Reconstruction Era National Historical Park under the jurisdiction of the National Park Service. These are in accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations, Chapter 1, Parts 1 through 7, authorized by Title 16, United States Code, Section 3. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1. Click on the link to visit 36 CFR, Chapter 1: eCFR :: 36 CFR Chapter I -- National Park Service, Department of the Interior

Written determinations, which explain the reasoning behind the Superintendent’s use of discretionary authority, are required by Section 1.5(c) and appear in this document in italicized print.

This Superintendent's Compendium is signed and dated March 29, 2024. For a pdf copy, please contact us.

 

NPS

Supplemental Regulations

 

 

Part 1 — General Provisions

36 CFR § 1.5 (a)(2) – Designate areas for a specific use or activity or impose conditions or restrictions on a use or activity

1. Mask Mandate

When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks.

When the COVID-19 Community Level is HIGH in the county or all the counties where the park is located based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status, in all common areas and shared workspaces in buildings owned, leased, or otherwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.

When the COVID-19 Community Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park.

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.

Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community Level, individuals must follow those more protective requirements within the park. More protective state, local, tribal, or territorial mask-wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within that state, locality, area subject to a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status.

Justification: Visitor safety is paramount. The park will take precautionary steps to provide for a safe visitor experience and to prevent the spread of coronavirus disease 2019 (COVID–19) by relying on the best available data and science-based public health measures. Such measures include wearing masks when around others, physical distancing, and other related precautions recommended by the Centers for Disease Control and Prevention (CDC). These conditions help ensure that visitors to the National Park System do not threaten the health and safety of NPS employees, volunteers, partners and contractors, or other park visitors.

 

36 CFR § 1.5(I) -Closures and Public Use Limits

1. During emergency conditions, the park or affected park areas may be closed temporarily by the superintendent or his/her designee without prior public notice. This includes any closure required for emergency or other park operations that could impact visitor safety.

Visitor safety is paramount. Reconstruction Era National Historical Park will take precautionary steps to provide for a safe visitor experience and to prevent foreseeable accidents and/or injuries. Closures of this nature, although temporary, may last for an extended period. Any permanent closures will go through the required public notice process.

2. Hours of Operation:

a) The Visitor Center (706 Craven Street Beaufort, SC) is open Sunday through Saturday from 9:00 a.m. to 5:00 p.m. The Visitor Center is closed on federal holidays.

b) Darrah Hall at Penn Center on St. Helena Island is open Tuesday through Saturday from 9:00 a.m. to 5:00 p.m. Darrah Hall is closed on federal holidays. The grounds are open daily as part of Penn Center National Historic Landmark District.

c) Brick Baptist Church is open for visitation during special programs. The exterior is open to the public daily as part of the Penn Center National Historic Landmark District.

d) Pinckney Porter’s Chapel in Port Royal, SC is open Friday and Saturday from 9:00 a.m. to 5:00 p.m. Pinckney Porter’s Chapel is closed on federal holidays. Camp Saxton is accessible via Old Fort Road as part of Fort Frederick Heritage Preserve, which is open daily.

Normal days and hours of operation are based upon and consistent with available personnel. Days and hours of operation will be modified in the event of an emergency or safety issues as noted above.

3. Administrative and maintenance areas are closed to the public.
These areas closed to ensure safety of park visitors and staff.

4. Launching, landing, or operating an unmanned aircraft from or on lands or waters administered by the National Park Service within the boundaries of Reconstruction Era National Historical Park is prohibited except as approved in writing by the Superintendent.

Definition of the term “unmanned aircraft”: 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 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.

This closure is necessary to maintain public safety, protect the park’s wildlife, and to preserve the cultural resources of the park. Due to the significant historical events which took place on the historical landscape, any less restrictive measures would interfere with visitor’s opportunity to understand the significance of the park and would be inconsistent with the purpose for which the park was established and is being managed.

5. Recreational activities such as kite-flying, ball-playing, sunbathing, rocket-flying, frisbee, golfing, use of golf carts off designated roadways, and similar activities are prohibited in all areas of Reconstruction Era National Historical Park.

Those recreational uses not permitted conflict with the legislated purpose of the park, detract from the historic scene, and contribute to the destruction of the historic fabric of the park.

6. Picnicking is authorized at the picnic tables adjacent to the parking lot at Darrah Hall and designated picnic areas. Fire-pits and grills are not allowed.

Due to the historic nature of these areas and in accordance with NPS Management Policies, it has been determined that picnicking activities in any other locations than designated areas would be inconsistent with the purpose for which these areas were established and are to be managed. Use of fire-pits and grills present an unnecessary fire risk to natural and cultural resources.

7. Food and beverages are prohibited in all public areas of buildings.

It has been determined that damage from spilled food or beverages pose an unacceptable risk to the historic fabric of the structures, the historic objects on display, and visitor satisfaction with the facilities.

8. Alcoholic beverages are prohibited from public consumption, display, or possession, including beer and wine, except where specifically authorized by the National Park Service.

Alcohol-use at Reconstruction Era National Historical Park is inconsistent with the purpose for which the area was established. This restriction is consistent with that of South Carolina State Parks.

9. Camping and overnight sleeping is prohibited in all areas, except in conjunction with an organized and approved activity, Living History presentations, or an approved service group completing a park- related project.

Reconstruction Era National Historical Park does not contain any facilities appropriate for recreational camping. Camping would create unnecessary risk to the cultural and natural resources of the park.

10. Idling is prohibited in parking lots of developed areas.

The noise and fumes caused by these engines severely impacts the natural and historic experiences sought by many visitors.

11. Geocaching and similar recreational activities (e.g., letterboxing) are not authorized in the park.

Geocaching and similar recreational activities (e.g., letterboxing) are treasure hunt activities that involve hiding a container and then navigating to that container using a GPS device. The container is typically filled with trinkets or other small items of value that the treasure hunter swaps out for a trinket of his/her own. Geocaching is in violation of the abandoned property regulations found in 36 CFR §2.22. Additionally, geocaches are typically involve hidden and activities such as digging or camouflaging with natural materials.

 

36 CFR § 1.6 — Permits

The following activities require a permit from the Superintendent:

• Collection of Specimens/Scientific Research 2.5(a)
• Special Events 2.50(a)
• Public Assemblies 2.51(a)
• Sale or distribution of printed material 2.52(c)
• Display of commercial notices or advertisements 5.1
• Memorialization 2.62(b)
• Business Operations 5.3
• Any construction on federal property 5.7

§5.5 Commercial filming, still photography, and audio recording:

a) Commercial filming and still photography activities are subject to the provisions of 43 CFR Part 5. All commercial filming requires a permit. Still photography does not require a permit unless:

• It uses a model, set, or prop
• It takes place where members of the public are not allowed.
• The park would incur costs to provide onsite management to protect resources or minimize visitor use conflicts.

b) Audio recording does not require a permit unless:

• It takes place at locations where or when members of the public are generally not allowed
• The equipment requires mechanical transport.
• It requires an external power source.
• The activity requires monitoring.
• The activity impacts resources

Justification: An application for a permit should be submitted to the Superintendent or his/her designee during normal business hours and within a time frame that is sufficient for an informed decision to be made. Permits that are not submitted within a sufficient time frame will be denied. Certain activities require permits issued by the Superintendent to ensure such activities are conducted in compliance with applicable regulations.

Permits will be considered for authorization when the activity is determined is determined to be appropriate for the purpose for which the park was established and can be sustained without the causing unacceptable impacts. Permits are required when the agency would incur costs for providing on-site management and oversight to protect agency resources or minimize visitor use conflict.

 

Part 2 - Resource Protection, Public Use and Recreation

The Superintendent may designate certain fruits, berries, nuts, or unoccupied seashells that may be collected. The Superintendent may limit the size and the quantity of the natural product to be collected; the location where the natural products may be gathered; and restrict the possession or consumption of the natural products to the park area.

The following fruits, nuts, or berries may be gathered by hand for personal use or consumption (Ref. 36 CFR §2.1(c)(1)):

• Nuts such as acorns, when collected from the ground, one quart per person per day

• Pinecones, one gallon per person per day

• Edible Berries, one pint per person per day

• Muscadine, one half gallon per person per day

Limitations imposed are required to balance the visitor experience and the natural ecosystem.

36 CFR § 2.2 - Wildlife Protection

1. Hunting and trapping are prohibited at Reconstruction Era National Historical Park.
Hunting and trapping were not mandated as part of park enabling legislation and are not authorized as a discretionary activity.

2. Use of artificial light for wildlife viewing is not allowed at Reconstruction Era National Historical Park. Park-sponsored programming is exempt from this regulation as is permitted scientific research.
The use of artificial light to view wildlife disturbs the animals in their natural habitat and often associated with illegal hunting activities. This regulation does not pertain to using a light at night for navigational purposes. This regulation specifically pertains to shining light on or at wildlife.

 

36 CFR § 2.4 - Weapons, Traps and Net

• South Carolina State Law (Section 16-23-20) allows for a person who is granted a permit (concealed carry permit) under provision of law by the State Law Enforcement Division to carry a handgun about their person, under conditions set forth in the permit; allows for a firearm to be carried in a vehicle if the handgun is secured in a closed glove compartment, closed console, closed trunk, or in a closed container secured by an integral fastener and transported in the luggage compartment of the vehicle; and allows licensed hunters or fishermen who are engaged in hunting or fishing or going to or from their places of hunting or fishing while in a vehicle or on foot. Since hunting is prohibited in the park, the hunting section of the regulation shall not apply.

• According to South Carolina State Law (Section 23-31-210) a “concealable weapon” is a firearm having a length of less than twelve inches measured along its greatest dimension that must be carried in a manner that is hidden from public view in normal wear of clothing except when needed for self-defense, defense of others, and the protection of real or personal property.

• According to 18 U.S.C. § 930 the possession of firearms and dangerous weapons in Federal facilities is prohibited and shall be posted conspicuously at each public entrance. Therefore, all firearms and dangerous weapons are prohibited from all buildings within Reconstruction Era National Historical Park. Note that a dangerous weapon is a weapon, device, instrument, material, or substance, animate or inanimate, that is used for, or is readily capable of, causing death or serious bodily injury, except that such term does not include a pocket-knife with a blade of less than 2 1/2 inches in length.

36 CFR § 2.15(a)(1) – Pets

• Pets are not allowed in park buildings and all pets on park property must be on a leash not to exceed six feet in length. Pets must always be kept under owner control.

• This regulation does not apply to service animals as defined by the Americans with Disabilities Act (ADA).

NOTE: “Pet” means dogs, cats, or any animal that has been domesticated. [36 CFR§1.4]

This restriction of possessing a pet in park structures is necessary for the protection of cultural resources, minimization of visitor conflicts, visitor safety and the implementation of management responsibilities.

36 CFR § 2.20 – Skating, Skateboards and Similar Devices

Use of roller skates/inline skates, skateboards, roller skis, coasting vehicles or similar devices are prohibited in the park.

The use of these devices creates a safety-hazard for both vehicle and pedestrians. Their use would also detract from the historical integrity of the park.

36 CFR § 2.21 – Smoking

Smoking is prohibited in all areas of the park except for inside personal vehicles or within five feet of personal vehicles when parked in a paved or gravel parking lot.

NOTE: Smoking is prohibited in all government owned or leased vehicles and vessels, including heavy equipment.

Smoking, by definition, includes the carrying of lighted cigarettes, cigars or pipes, or the intentional and direct inhalation of smoke from these objects. This definition has been expanded to include electronic cigarettes and similar devices.

On June 29, 2009, NPS Director’s Order #50D, Smoking Policy, was updated to bring NPS into compliance with Executive Order 13058. Park regulations have been updated to reflect the updated policy.

Electronic cigarettes and similar devices are newer technology that is not specifically addressed by Executive Order 13058 or Director’s Order #50D. Until such time that service wide policy addresses this technology, electronic cigarettes and similar devices will be included as part of smoking regulations. This regulation protects employees and the public from environmental tobacco exposure.

36 CFR § 2.51 – Demonstrations

Permits and the small group permit exemption:

• Permits associated with First Amendment are dependent on group size. A small group is defined as a group of 25 people or less and is not required to obtain a permit as long they are located within the park-designated areas. The small group is further restricted to only leaflets, booklets, and handheld signs.

• A large group is defined as more than 25 people and is required to obtain a First Amendment Permit even if they are utilizing a park designated First Amendment location. There are no fees associated with First Amendment Right permits. No public assembly shall be issued for a period in excess of seven days.

• Please refer to the attached map at the end of this document for designated areas open to First Amendment activities. Any area not designated for these activities will require a permit, regardless of group size.

Freedom of speech, press, religion, and assembly are constitutional rights; however, the courts have recognized that activities associated with these rights may be reasonably regulated to protect legitimate government interests such as park resources. Therefore, to protect these resources, the NPS may regulate certain aspects of First Amendment activities including the time, place, and manner in which they are conducted. It is the conduct associated with the exercise of these rights that is regulated and not the content of the message.

36 CFR § 2.62 – Memorialization

The scattering of human ashes from cremation requires a permit which will be issued pursuant to the following conditions:

• The chosen site must be no less than 200 feet away from any buildings, structures, or historic sites.

• The chosen site must be no less than 150 feet away from a stream or watercourse.

• The ashes must be scattered and not deposited in any type of container.

• Ashes must not be buried, even without a container. No digging is allowed.

• No marker or memorial of any sort may be placed or left at the site. The placement or planting of any flowers, memorial trees/bushes, brass markers, wooden crosses, etc. is prohibited.

• Cremation must be accomplished in accordance with state law.

The disposal of human remains, and the associated remains are governed by state law due to legal, health and safety considerations and must be managed accordingly.

 

Part 3 – Vehicles and Traffic Safety

36 CFR § 4.21 – Speed Limits

1. The Superintendent has established speed limit on unpaved park roads at Penn Center National Historic Landmark District. These speed limits have been established to maintain safety considerations for the visiting public and park staff. The maximum speed limit is five (5) miles per hour on all unpaved park roads at Penn Center National Historic Landmark District.

2. Parking is allowed only in designated parking areas at all park locations.

Park roads are also used as walkways and speed limit/parking regulations support visitor and employee safety.

36 CFR § 4.21 – Bicycles

The Superintendent has determined that bicycle use is approved only on designated roads in the park. This approval extends to e-bikes.

Definition of E-bikes: An e-bike is a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.) that provides propulsion assistance. A Federal definition of “low speed electric bicycle” is included in the Consumer Product Safety Act. 1. Many States have adopted policies for regulating e-bikes consistent with this Federal definition, including in some cases a labeling requirement identifying an e-bike’s compliance with the following classifications:

• “Class 1 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 20 miles per hour.

• “Class 2 electric bicycle” shall mean an electric bicycle equipped with a motor that may be used exclusively to propel the bicycle, and that is not capable of providing assistance when the bicycle reaches the speed of 20 miles per hour.

• “Class 3 electric bicycle” shall mean an electric bicycle equipped with a motor that provides assistance only when the rider is pedaling, and that ceases to provide assistance when the bicycle reaches the speed of 28 miles per hour.

• Devices with electric motors of 750 watts (1 h.p.) or more of power and not included as Class 1, Class 2 or Class 3 in the classification system above should be managed as motor vehicles under 36 CFR part 4. Under 36 CFR 4.10, motor vehicles are allowed on park roads and on routes and areas designated for off-road motor vehicle use.

Bicycles and e-bikes are not allowed in off road areas to protect the integrity of historic structures, cultural landscape, and natural resources.

 

The Designated First Amendment Gathering Area is at Darrah Hall

NPS

Designated First Amendment Gathering Area Map

(See Part 2, Heading 36 CFR § 2.51 – Demonstrations)

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