Portions of parkland east of the Rock Creek & Potomac Parkway between Pennsylvania Avenue NW and O Street NW, identified in the yellow polygons on the map attached to this Record of Determination, will be fully closed to all public use effective 7:00 am on May 4, 2026 and lasting through 5:00 pm on June 30, 2027. The closed areas will be more specifically identified on site by fencing and signage. The closed areas will be accessible only to United States Park Police and National Park Service employees, and DC Water employees and project contractors. The temporary closure of these park areas is necessary to protect the public from any health and safety hazards associated with the rehabilitation of the RCMI, a 72-inch diameter pipe that conveys 70-100 million gallons of stormwater and wastewater per day. Less restrictive measures are not possible given the need to close the area to protect the public from potential unsafe conditions. This temporary and partial closure is not of a nature, magnitude and duration that will result in a "significant alteration in the public use pattern." Other nearby park areas will remain open to the public during this closure. Accordingly, the National Park Service has determined publication as rulemaking in the Federal Register is unwarranted under 36 CFR 1.5(c). The partial and temporary park closure and public use limitation is consistent with hundreds of other temporary park closures, the legal opinion of the Office of the Solicitor, and judicial adjudications. ANSWER coalition v. Norton, No. 05-0071, (D.D.C. January 18, 2005, Mahoney v. Norton, No. 02-1715 (D.D.C. August 22, 2002), plaintiffs’ emergency motion for appeal for injunction pending appeared denied Mahoney v. Norton, No. 02-5275 (D.C.Cir. September 9, 2002) (per curiam); Picciotto v. United States, No. 99-2113 (D.D.C. August 6, 1999); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990); Picciotto v. Hodel, No. 87-3290 (D.D.C. December 7, 1987); Speigel v. Babbitt, 855 F Supp. 402 (D.D.C. 1994), affd in parr wlo op. 56F. 3d 1531(D.C.Cir. 1995), reported in full, 1995 US App. Lexis 15200 (D.C.Cir. May 31,1995). Pursuant to 36 CFR 1.7, notice of this temporary and partial closure will be made through public outreach and by the posting of signs at conspicuous locations in the affected park area. Finally, pursuant to 36 CFR l.5(c), this determination is available to the public upon request. Brian D. Joyner Superintendent |
Last updated: April 28, 2026