Superintendent's Compendium

National Park Service
U.S. Department of the Interior

Sand Creek Massacre National Historic Site
PO Box 249, 1301 Maine St.
Eads, CO 81036
719-438-5916 phone
719-438-2104 fax

Superintendent’s Compendium Of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.

This compendium was approved by the Site Manager of Sand Creek Massacre National Historic Site, Janet Frederick, on March 27th, 2023.

 

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:

Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954

The CFR is also available on the internet at:
https://gov.ecfr.io

2. Laws and Policies Allowing the Superintendent to Develop This Compendium

The National Park Service (NPS) is granted broad statutory authority under 54 United States Code (U.S.C.) §102701 (Organic Act of 1916, as amended) to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the fundamental purposes of the said parks…which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment for future generations” (54 U.S.C. §100101). In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service” (54 U.S.C. §100501).

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 (54 U.S.C. §100101-101301), 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.”

54 U.S.C. §100501 defines the National Park System as”…any areas of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.”

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, then 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 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, assimilated state regulations, 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.

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 for viewing at Sand Creek Massacre National Historical Site, 1301 Maine St., Eads, CO 81036.

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 54 USC 100101, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Sand Creek Massacre National Historic Site. 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.

NOTE: NEPA compliance is not separately required for the discretionary actions listed herein. The authority to make the various determinations under this title is provided for in 36 CFR, which has undergone NEPA compliance. However, NEPA compliance may be required in the application of these determinations. (i.e., issuing a research permit or other permit that has “potential environmental effects”.) (R.Mihan/SOL 11-20-02)

I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREADESIGNATIONS 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:

Hours of Operation:

• Hours of operation are general closures and do not consider special use permits signed by the superintendent, or park-sponsored events.
• Public access to the Sand Creek Massacre National Historic Site (hereafter “the site”) is limited to the visitor parking areas, public use trails, public roads, visitor use area, and visitor contact station (see Appendix for public access areas)

Our Associated Tribal Nations have requested that we refer to the Massacre Site as “the site” instead of as a “park.”

• Public access areas at the site, as defined above, are open year-round Thursday through Monday from 9:00 a.m. to 4:00 p.m.
• Sand Creek Massacre National Historic Site Administrative Headquarters and Center for Sand Creek Massacre Studies, located at 1301 Maine Street in Eads, Colorado (hereafter Headquarters and Research Center) is open by appointment for research center use and for business purposes generally Monday through Friday from 9:00 a.m. to 4:00 p.m.
• The Site is closed on the Birthday of Martin Luther King, Jr, Washington’s Birthday, Thanksgiving Day, Christmas Day, and New Year’s Day.
• The Headquarters and Research Center is closed on all federal holidays.

Operational hours and public access are prioritized for the site, as it contains the core resources which the site preserves. The Headquarters and Research Center will be open for by-appointment research regular hours on weekdays.

• Public access to other areas of the site may be provided at designated times through special use permit, or upon authorization of the site manager or Superintendent.

It is necessary to establish this public use limit to protect the natural and cultural resources from damage, theft, vandalism and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which become extreme during seasonal variations of weather and daylight. Available staffing capacity controls the hours and days of operations. Schedules are set to take advantage of contemporary visitor use patterns.

• Emergency, Environmental, and Administrative Closures Staff may at times need to enact unscheduled closures of the site, or restrict access to areas of the site, for public safety and the protection of park resources. Unscheduled closures which do not appear in the annual Superintendent’s Compendium, are enacted under the authority of the Superintendent or their designee. Public notice of such closures will utilize signage at area access points, press releases, and information posted on the website.

36 CFR 1.5(a)(2) - Designate Areas for a specific use or activity or impose conditions or restrictions on a use or activity.

• Filming, still photography, and audio recording activity may require a permit, consistent with 54 U.S.C. 100905.
  • Filming, still photography, and audio recording activity that occurs in closed areas, requires exclusive use of a site or area, or involves a set or staging equipment other than handheld equipment (such as a tripod, monopod, and handheld lighting equipment) requires a permit, unless the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
  • Filming, still photography, and audio recording that involves more than eight individuals requires a permit, unless the NPS has specifically notified an individual or group that a permit is not required, or if the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.
  • If a permit is required for the reasons stated above, or if the NPS otherwise determines and then notifies an individual or group that a permit is required for a filming, still photography, or audio recording activity, then engaging in that activity without a permit is prohibited. Violating a term or condition of a permit issued by the NPS for a filming, still photography, or audio recording activity is prohibited, and may result in the suspension or revocation of the permit, in addition to any penalties that may apply under 36 CFR 1.3.

Federal law at 54 U.S.C. 100905 states that permits and fees are not required for filming, still photography, or audio recording in park areas if certain requirements are met. These requirements address various topics, including, but not limited to, group size, location, equipment, potential impacts to resources and visitors, and the likelihood that the NPS will incur related administrative costs. If any of these requirements are not met, the law allows the Secretary of the Interior, acting through the NPS, to require a permit for the subject activity. Permit requirements are imposed by the superintendent under discretionary authority provided by 36 CFR 1.5(a)(2), which allows the superintendent to impose conditions or restrictions on a use or activity, consistent with applicable legislation, to implement management responsibilities. The general regulations for permits in 36 CFR 1.6 do not apply to permits issued for filming, still photography, and audio recording, which instead are governed by the statutory provisions in 54 U.S.C. 100905. The imposition of permit requirements, on a case-by-case basis, for filming, still photography, or audio recording does not require rulemaking under 36 CFR 1.5(b). Requiring a permit with reasonable terms and conditions in accordance with statutory requirements at 54 U.S.C. 100905 is not highly controversial, will not result in a significant alteration in the public use pattern of the System unit, will not adversely affect the System unit’s natural, aesthetic, scenic or cultural values, or require a long-term or significant modification in the resource management objectives of the System unit, because the permit requirement is limited in time and scope to the specific activities authorized by the permit, which contain terms and conditions that protect the values, resources, and visitors of the System unit, and implements federal law.

Public Use Limits:

Motor vehicle, bicycle, and e-bike access to Sand Creek Massacre National Historic Site is limited to designated public roadways and parking areas. Bicycles and e-bikes are permitted only on the gravel roads that are open to the public. All privately owned motorized vehicles, bicycles, and e-bikes are prohibited on service roads and trails except as authorized during special events.

Determination: It is necessary to establish these public use limits to protect the natural and cultural resources from damage, theft, vandalism and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which become extreme during seasonal variations of weather and daylight. Restrictions may also help to reduce conflicts and protect the sensitive nature of the site.

Public pedestrian access is restricted to designated public use trails during open hours only (Appendix 1.1).

Determination: It is necessary to establish these public use limits to protect the natural and cultural resources from damage, theft, vandalism and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which become extreme during seasonal variations of weather and daylight. Restrictions may also help to reduce conflicts and protect the sensitive nature of the site.

Picnicking is allowed only within the designated visitor use area next to the main trailhead (Appendix 1.2).

Determination: It is necessary to establish this public use limit to protect natural and cultural resources from intentional or unintentional resource damage. In addition, this type of activity in most locations that are open to the public is considered inappropriate to the sensitive nature of the site and the purposes for which the park was established.

Public access is restricted on non-public service roads except through special use permits and for approved contractors and lessees.

Determination: Designated non-public service roads are used by park personnel only for resource management, maintenance and other purposes as approved by park management.

All motor vehicles, commercial and private, on all park roads and parking areas within the park must shut down their engines when not underway, unless necessary for health and safety reasons as approved by NPS personnel.

Determination: The idling of vehicle engines adds unnecessary exhaust fumes to the air, contributes unnatural sound and diminishes the ability of visitors to experience the peace and tranquility of the park.

Segways and other gyroscopically controlled devices and Motorized Scooters are prohibited on trails.

Note: This closure applies to modes of transportation with internal combustion engines and to electric vehicles such as Segways® and to hoverboards. Motorized wheelchairs are defined separately and are not considered motor vehicles.

Segways and motorized scooters, as defined under 36 C.F.R. § 1.4, are motor vehicles. Pursuant to 36 C.F.R. § 1.5(a) and 4.10(a) Segways and motorized scooters are prohibited from all trails and sidewalks in the Park.

Mobility Assistance Exception:

Any park visitor needing mobility assistance is permitted to use a motorized wheelchair, Segway or motorized scooter in designated areas throughout the Park, including all structures, facilities, park roads, sidewalks, and other surfaces where the public is allowed access and when such devices are used for the sole purpose of mobility assistance. Use of any mobility assistive device, as outlined above, must also adhere to the following:

a) No person under 16 years of age may operate a Segway or motorized scooter without direct adult supervision.

b) A person shall operate any mobility assistive device in a safe and responsible manner so as not to endanger one’s self or any other Park visitor.

c) A person riding any mobility assistive device has all the rights and duties applicable to a pedestrian under the same circumstances, except that the mobility assistive device operator must always yield to pedestrians.

Determination: Segways are a two-wheeled, gyroscopically stabilized, battery-powered personal transportation device. While Segways and motorized scooters (or similar devices) are not “designed solely for” mobility-impaired persons and thus do not meet the definition of a motorized wheelchair in 36 CFR Section 1.4, some individuals needing mobility assistance use these devices as their means of personal mobility in lieu of more traditional devices like the wheelchair.

As stated in NPS Management Policies, Section 8.2.4, and described in more detail in Director’s Order 42, the NPS is committed to making all reasonable efforts to make its programs, facilities, and services accessible to people needing mobility assistance. The NPS has set a goal of ensuring that all people, including persons needing mobility assistance, have the highest level of accessibility that is reasonable to our programs, facilities, and services in conformance with applicable regulations and standards.

Allowing the use of motorized wheelchairs, Segways and motorized scooters in the park by people needing mobility assistance is part of this effort. In that light, managers have determined that the use of motorized wheelchairs, Segways, motorized scooters and similar devices by persons needing mobility assistance is safe and appropriate in all designated areas of the park currently open to access by the public.

E-bikes

Definition: The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 horsepower).

E-bikes are permitted within the same areas of the Park as traditional bicycles. Where traditional bikes are prohibited, so are e-bikes. Within the park, bicycles and e-bikes are restricted to paved road surfaces, to paved parking lots, and to the pedestrian walkway to the fort.

A person operating an e-bike is subject to the following sections of 36 CFR part 4 that apply to the use of traditional bicycles: sections 4.12, 4.13, 4.20, 4.21, 4.22, 4.23, and 4.30(h) (2)-(5).

Except as specified in this Compendium, State law that is adopted and made a part of this document will also govern e-bike use within the Park. Any violation of State law adopted by this paragraph is prohibited.

Determination: Consistent with Policy Memorandum 19-01 reference e-bike use: Bicycle and e-bike use is allowed on the graveled road surfaces that are open to vehicles and on the graveled pedestrian trails. Bicycles and e-bikes are prohibited on all other trails.

Unmanned Aircraft

Launching, landing or operating an unmanned aircraft from or on lands and waters administrated by the Sand Creek Massacre NHS is prohibited except as approved in writing by the Site Manager.

Definition: The term “unmanned aircraft” is defined as meaning 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 control or operate 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.

Determination: Consistent with 36 CFR 1.5 (a), it is necessary to establish this public closure to protect natural and cultural resources from resource damage and to protect visitors and National Park Service employees. In addition, these types of modern activities in the Sand Creek Massacre NHS are considered inappropriate to and inconsistent with the historic, cultural and natural values protected by the National Park Service and the purposes for which the national historic site was intended. This restriction will help to reduce user conflicts, and to maintain an environment safe for wildlife, visitors and employees.

Service Animals

Per Policy Memorandum 18-02, service animals are not subject to the Park’s pet policies and, when accompanying an individual with a disability, they are allowed wherever visitors are allowed. A service animal means any dog or miniature horse that is individually trained to do work or perform tasks for the benefit of an individual with a disability, including a physical, sensory, psychiatric, intellectual or other mental disability.

Persons with disabilities have the right to train the service animal themselves and are not required to use a professional training program. Service animals-in-training are not considered service animals.

The work or tasks performed by a service animal must be directly related to the individual’s disability. Some of the many examples of work or tasks performed may include:

• assisting individuals who are blind with navigation and other tasks
• alerting individuals who are deaf to the presence of people or sounds
• pulling a wheelchair
• alerting individuals to the presence of allergens or the onset of a seizure
• retrieving items
• providing physical support and assistance to individuals with mobility disabilities
• helping persons manage psychiatric and neurological disabilities

The crime deterrent effects of an animal’s presence and the provision of emotional support, well-being, comfort, or companionship do not constitute work or tasks for the purposes of this definition.

Service animals must be allowed wherever visitors are allowed when accompanying an individual with a disability, subject to the requirements for using service animals as stated herein. A service animal must be harnessed, leashed or tethered, unless (1) these devices interfere with the service animal’s work, or (2) the individual’s disability prevents them from using these devices. In those cases, the individual must maintain control of the animal through voice, signal or other effective means.

NPS staff may require an individual with a disability to remove a service animal from a facility, service, program, or activity if:

• the animal is out of control (see 28 CFR 35.136(b)(1) and 28 CFR 36.302(c)(2)(i),
• in addition, the animal’s handler does not take effective action to control it,
• or the animal is not housebroken

If a service animal is excluded for these reasons, the individual with the disability must have the opportunity to participate in the service, program or activity without the service animal.

The Park can prohibit service animals from areas in which visitors are allowed if their presence would necessitate a fundamental alteration in the Park’s programs, services or activities.

Determination Statement: Policy Memorandum 18-02 as stated above is the most recent guidance on the definition of service animals and the implementation of policies and procedures regarding service animals in NPS areas.

Recreational Activities

The Park is closed to public use activities involving sports or other recreational activities not related to the historical themes of the Park unless under a special use permit. Public pedestrian access is restricted to designated public use trails during open hours only.

Determination Statement: It is necessary to establish this public use limit to protect the natural and cultural resources from resource damage and to maintain public safety. In addition, most recreational activities are considered inappropriate to the historic and cultural nature of the Park and the purposes for which the Park was intended.

Traditional Geocaching is prohibited. (See also 36 CFR § 2.22 -- PROPERTY.)

Determination: Due to concerns of unchecked development of traditional geocaches and the resultant development of associated social trails in areas of archeological, scenic, and biological significance, and the concern of geocache placement in unsafe areas, public development of traditional caches is prohibited. However, park-reviewed and -approved EarthCaches and ParkCaches offer a virtual and educational form of caching, poses an acceptable alternative for the caching community.

Closures:

Any road, parking area, trail, facility or portion of a facility that is posted as closed by barricades, closed gates or signs is closed to public access.

Note: Pursuant to P.L. 106-465 (The Sand Creek Massacre NHS Establishment Act of 2000), Sec. 9(b) “…the Secretary shall temporarily close to the general public one or more specific portions of the site in order to protect the privacy of tribal members engaging in a traditional, cultural, or historical observances in those portions; and any such closure shall be made in a manner that affects the smallest practicable area for the minimum period necessary for the purposes described above.”

Determination: It is necessary to occasionally close normal public use areas to protect the natural and cultural resources from damage, theft, vandalism and inappropriate group activities and to comply with the park’s enabling legislation as cited above. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which become extreme during seasonal variations of weather and daylight.

Specific Uses:

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

Selected commemorative needs may require the temporary use of designated sections of the park for overnight use for traditional, cultural and historical purposes by any descendant or other member of a tribe. (P.L. 106-465, Sec. 8 (b) and Sec. 9 (a)(1))

Overnight use of park facilities may be considered necessary and/or beneficial to the government. Use is limited to NPS employees and tribal representatives of the Cheyenne and Arapaho tribes. (Sand Creek Massacre NHS Policy Directive #11 and P.L. 106-465)

Determination: This public use limit is necessary to protect natural and cultural resources from damage, theft, vandalism, and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which may become extreme during seasonal variations of weather.

36 CFR §2.51(e) Locations Available for Public Assembly (First Amendment Areas)

• 50’ X 50’ area on the southwest corner of the visitor orientation area just north of the entrance road has been designated for public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of view. (See Appendix 1.3 for map of location.)
• For specific information, see 36 CFR 2.51 (c)(2) under part III in General Regulations.

36 CFR §2.52(e) Locations Available for Sale or Distribution of Printed Matter

• The Site Manager has designated a 50’ X 50’ area on the southwest corner of the visitor orientation area just north of the entrance road as available for the sale or distribution printed matter. (See Appendix 1.3 for map of location.)

Designated Contemplative Area

• Reserved but not yet developed

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 site manager is required:

Note: Apply for a permit through the Site Manager’s office.

• §1.5(d) For any exceptions to Public Use Limits and Closures as stated in this document.
• Vehicle and/or pedestrian access to the Sand Creek Massacre National Historic Site other than on designated parking areas, roadways and trails.

Determination Statement: Vehicle use, walking and picnicking outside of designated areas is prohibited for the protection of natural and cultural resources, and to prevent conflict with other visitor activities.

• §2.4(d) Transporting a weapon, trap, or net across park lands to access legal hunting and fishing areas requires a permit unless it is being transported by a mechanical mode of conveyance.
• Any and all firearms transported across park lands must be unloaded, broken down, and cased
• At no time may a firearm be discharged in a direction that causes the projectile to cross onto park lands. Note: Violation of this regulation falls under §2.4 (a)(3)(c) The use of a weapon, trap, or net in a manner that endangers persons or property.
• Permittees must carry the permit on their person while in the possession of a weapon, trap, or net in the park
• Permittees may not leave any portion of a harvested animal on park lands
• Apply for a permit through the Site Manager’s office
• Refer to Section III, Regulations §2.4 (d) WEAPONS, TRAPS, AND NETS
• §2.5(b) Specimen collecting and scientific research.
• Apply for a permit through the Superintendent’s Office
• Refer to 36 CFR §2.5 RESEARCH SPECIMENS

Note: When permits are required for scientific activities pertaining solely to cultural resources, including archeology, ethnography, history, cultural museum objects, cultural landscapes, and historic and prehistoric structures, other additional permit procedures may apply.

• §2.10(a) Camping
• Selected special events may result in the temporary use of designated sections of the park for camping as a demonstration based on historic events and as part of a living history exhibit (see Appendix for map). NPS personnel, other permitted researchers, or NPS-authorized volunteers may be allowed to camp under circumstances as approved by the Site Manager.

Determination: This public use limit is necessary to protect natural and cultural resources from damage, theft, vandalism, and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which may become extreme during seasonal variations of weather.

• §2.12 Creating Audio Disturbances:
• (a)(2) Operating a chain saw in developed areas
• (a)(3) Operating any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas
• (a)(4) Operating 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
• Apply for a permit through the Site Manager’s office
• Refer to Section III, Regulations § 2.12 AUDIO DISTURBANCES
• §2.13 (a)(1) Fires outside of designated areas.
• Without prior written permission from the superintendent, no fires outside of designated areas are permitted
• Apply for a permit through the Site Manager’s office
• §2.17 Aircraft and 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
• Apply for a permit through the Site Manager’s office
• Refer to 36 CFR § 2.17 AIRCRAFT AND AIR DELIVERY
• §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)
• Refer to 36 CFR § 2.37 NONCOMMERCIAL SOLICITING
• §2.38 Using or possessing explosives and/or fireworks:
• (a) Using, possessing, storing, or transporting explosives, blasting agents
• (b) Using or possessing fireworks
• Apply for a permit through the Site Manager’s office
• Refer to 36 CFR § 2.38 EXPLOSIVES
• §2.50 Conducting a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and/or similar events
• Apply for a permit through the Site Manager’s office. A complete application for a Special Use Permit (SUP) or a Commercial Use Authorization (CUA) must be submitted a minimum of 14 calendar days in advance of the proposed activity. Proposed large events or activities that have the potential to adversely affect the human environment, including park operations, will require a longer review period.
• Refer to 36 CFR § 2.50(a) SPECIAL EVENTS
• §2.51 Conducting a public assembly, meeting, gathering, demonstration, parade and/or other public expression of views outside of Designated First Amendment areas (see above), or for group sizes over 25 people, or for periods of 14 days or longer.
• Apply for a permit, which shall detail location, restrictions and liability insurance requirements, through the Site Manager’s office
• §2.52 Selling or distributing printed matter that is not solely commercial advertising
• Apply for a permit through the Site Manager’s office
• Refer to 36 CFR § 2.52(c) SPECIAL EVENTS

Note: During the small group exception for freedom of speech activities in the designated areas (see above), demonstrators may distribute and sell printed matter as long as the material’s “primary purpose is advocacy, definition or explanation of the group’s or individual’s political, religious, scientific or moral views.”

• §2.60 (b) Livestock Use
• Livestock use during special events requires a permit.
• Apply for a permit through the Site Manager’s office
• Refer to 36 CFR § 2.60 (b) LIVESTOCK USE

Determination: Park management has implemented a Livestock Policy that identifies the conditions under which outside livestock are permitted in the park for the protection and safety of park livestock, employees, visitors, and resources.

• §2.61 (a) Residing on federal (Park) lands
• Apply for a permit through the Site Manager’s office
• Refer to 36 CFR § 2.61 (a) RESIDING ON FEDERAL LANDS
• §2.62 Memorialization
• (a) Installing monuments or memorials requires approval from the NPS Director
• (b) Scattering of human ashes from cremation
• Permits are available through the Superintendent’s office
• Refer to Section III, Regulations
• A Special Use Permit (free of charge) is required to spread ashes.
• §2.62(b) Scattering ashes from human cremation. Any such permit will at a minimum include the following terms and conditions:
• The remains must be cremated to the extent that they are not distinguishable as such.
• The scattering of remains must occur at the park designated area for this purpose (as indicated on the permit)
• Non-organic commemorative and memorial items may not be left behind.
• A letter of authorization from the superintendent may fulfill the permit requirements. Any permit or letter of authorization will be issued only in consultation with Cheyenne and Arapaho representatives, pursuant to P.L. 106-465.

Determination Statement: Additional limits on memorialization are enacted in order to protect the sensitive nature of the site.

• §5.1 Displaying, posting or distributing advertisements
• Apply for a permit through the Site Manager’s office
• Refer to 36 CFR § 5.1 ADVERTISEMENTS
• §5.2 Selling intoxicants in certain park areas
• Apply for a permit through the Site Manager’s office
• Refer to 36 CFR § 5.2(b) ALCOHOLIC BEVERAGES; SALE OF INTOXICANTS
• §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)
• Apply for a permit through the Commercial Use Authorizations Program Manager, require a minimum of 14 days for processing in advance of the event
• Refer to 36 CFR § 5.3 BUSINESS OPERATIONS
• §5.5 Filming/Photography: Some filming, still photography, and audio recording (depends upon the facts and circumstances; contact the site for more information). 36 CFR 1.5(a)(2) and 54 U.S.C. 100905.

• §5.6 Use of commercial vehicles on park area roads
• Apply for a permit through the Site Manager’s office
• Refer to 36 CFR § 5.6(c) COMMERCIAL VEHICLES
• §5.7 Constructing buildings, facilities, trails, roads, boat docks, path, structure, etc.
• Refer to 36 CFR § 5.7 CONSTRUCTION OF BUILDINGS OR OTHER FACILITIES

For more information on permit requirements or application procedures, contact: Superintendent, the Sand Creek Massacre NHS; PO Box 249, Eads, CO 81036; 719-438-5916.

All permits must be compatible with the purposes for which the park is established and are subject to review by park staff and tribal representatives.

III. GENERAL REGULATIONS

36 CFR §2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES

(b) Hiking or pedestrian traffic is restricted to the trail or walkway as listed in Section 1.5 of this document.

• Public pedestrian access is restricted to designated public use trails during open hours only (see Appendix).

36 CFR §2.2 - WILDLIFE PROTECTION

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

• Vehicles will use designated service roads within the park to lawfully remove legally taken wildlife under supervision of a park ranger. (NPS personnel will report the removal of legally taken wildlife to Colorado Parks and Wildlife.)

(e) Viewing wildlife by artificial light (spotlighting, including redirection of vehicle headlights) is prohibited park-wide.

NOTE: Night vision devices are not artificial lights, however, infrared lighting/beams are.

Determination: These regulations help to protect against the unlawful taking of wildlife within the park.

36 CFR §2.3 – FISHING

(d)(8) Fishing is not permitted within the park.

36 CFR §2.4 – WEAPONS, TRAPS, AND NETS

(a)(2)(i) Weapons, traps, or nets may only be carried, possessed, or used at the following designated times and locations:

• Weapons may be possessed on all park grounds pursuant to existing State of Colorado laws. Weapons are prohibited within all government buildings regularly occupied by employees.

36 CFR §2.10 – CAMPING and FOOD STORAGE

(a) Camping is prohibited within Sand Creek Massacre NHS.

36 CFR §2.11 – PICNICKING

Picnicking is limited to the designated visitor use area next to the main trailhead. Note fire and grill use limitations listed under §2.13 – FIRES.

Determination: Picnicking in the designated areas of the Park will maintain the proper decorum of the sacred site and keep the site clean.

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:

• Selected commemorative needs may require the limited use of fire for traditional, cultural and historical purposes by any descendant or other member of a tribe. (P.L. 106-465, Sec. 8 (b) and Sec. 9 (a)(1))

36 CFR §2.14 – SANITATION and REFUSE

(a)(2) The use of government refuse receptacles or facilities for dumping private household, municipal, commercial, or industrial refuse is prohibited.

36 CFR §2.15 – PETS

(a)(1) The following areas are closed to the possession of pets:

• Pets are permitted at the Sand Creek Massacre NHS in the picnic area, visitor parking lot, visitor use trail and the visitor contact station deck while on leashes not to exceed 6 feet in length and while under control of the owner.
• Pets are not permitted in public buildings.

Notes: Pets cannot be brought into any other public buildings or public transportation vehicles. This restriction shall not apply to certified service dogs (See Interim Policy Memorandum 18-02 – Use of Service Animals by Visitors with Disabilities).

Service animals are exempt from this restriction (see service animal section at 36 CFR §1.5 Closures and Public Use Limits). Emotional support, therapy, comfort or companion animals are not considered service animals. Provision of emotional support, well-being, comfort or companionship do not constitute work or tasks for the purposes of what is defined as a service animal in the NPS policy. Although the presence of these animals provides a calming effect for many people, they do not qualify as service animals because they have not been trained to perform a specific job or task. Therefore, a park can treat an emotional support animal as a pet in accordance with its pet policy.

(a)(3) Pets may be left unattended and tied to an object in the following areas, under the conditions noted:

• Within motor vehicles with proper ventilation and water if weather conditions are not hazardous to the immediate welfare of the animal.

(a)(5) Pet excrement must be immediately collected and removed from the Park by the pet owner or responsible person.

All animal waste must be removed no matter the location. Visitors bringing pets to the park must carry on their person a bag or other device for the containerization and removal of excrement. Visitors shall immediately containerize and remove pet excrement by depositing it in a trash receptacle or by otherwise taking the excrement from the park.

Determination: These restrictions are necessary to provide for the protection of Park resources, wildlife and public safety. While visiting the Park with pets can be a positive pet owner experience, pets have been shown to have negative impacts on Park resources, wildlife and visitors. These impacts include noise, pursuit and harassment of wildlife, defecation, scent marking of wildlife habitat and aggressive, violent behavior. These restrictions are also necessary to keep pets safe from Park wildlife, such as rattlesnakes and coyotes. Managing pet excrement is necessary for human and pet health and safety.

36 CFR §2.16 – HORSES and PACK ANIMALS

(a) The following animals are designated as pack animals for purposes of transporting equipment:

• Horses
• Mules
• Burros
• Oxen

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

• Horses and other designated pack animals listed are prohibited in the Park.

Determination: The trails at Sand Creek Massacre are maintained for pedestrian use. Plenty of opportunities outside of the park for horse use are available.

36 CFR §2.19 – WINTER ACTIVITIES

• Public trails for snowshoeing only when weather conditions allow. Trails will not be groomed for snowshoeing. Cross country skiing is not allowed.

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:

• Within 25 feet of any government-owned structure.
• In or within 25 feet of any government-owned vehicle.
• All public park areas except for the concrete pad outside of the vault toilet in the Visitor Use and Operations Area.
• During periods of high fire danger, smoking is prohibited on all lands within the park except within an enclosed vehicle.
• All smoking materials must be fully extinguished and disposed of in approved trash receptacles.
• During special events, extra receptacles and approved areas may be added at park’s discretion.
• Smoking materials include cigarettes, pipes, cigars, vaping devices, and e-cigarettes.

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 the consumption of alcoholic beverages and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or that has been opened, or whose seal is broken or the contents of which have been partially removed.

• The consumption of alcoholic beverages is not permitted at Sand Creek Massacre NHS.

Determination Statement: The consumption of an alcoholic beverage or the possession of an open container of an alcoholic beverage would be inappropriate considering the purpose for which the Sand Creek Massacre National Historic Site was established (P.L. 106-461).

36 CFR §2.51 – DEMONSTRATIONS

(c)(2) The following area has been established for small First Amendment activities that do not require a Special Use Permit. It is available on a first-come, first served basis. The established location is:

• A 30’ X 30’ area on the southwest corner of the lower parking area (See Appendix 1.1)

Note: First Amendment activities for 14 days or less and involving 25 people or fewer do not require a Special Use Permit to demonstrate or distribute or sell printed matter under our First Amendment rights. However, First Amendment activities without a permit are restricted to the designated first amendment site listed above. This site was selected by the park for its high visibility and access to the public and for the physical nature of this site to provide ample room for freedom of speech activities. Activities shall not cause injury or damage to park resources, unreasonably interfere with tranquility or interpretive activities, or create a clear or present danger to park visitors.

36 CFR §2.52(e) –LOCATIONS AVAILABLE FOR SALE OR DISTRIBUTION OF PRINTED MATTER

(b) The sale or distribution of printed matter for the purposes of expressing First Amendment views is allowed within park areas designated as available under §2.51(c)(2).

36 CFR §2.62 – MEMORIALIZATION

(b) A permit is required for the scattering of ashes from cremated human remains. The scattering of human ashes from cremation is allowed pursuant to the terms and conditions of a permit as outlined below:

• The scattering of ashes must be approved by tribal representatives.
• The remains must be cremated to the extent that they are not distinguishable as such.
• The scattering of remains by persons on the ground is to be performed at least 100 yards from any trail, road, developed area or facility, known archeological and historic sites, or body of water
• Non-organic commemorative and memorial items may not be left behind.

Determination: These conditions for memorialization are to provide for a safe, sanitary and orderly process for the Park visitors and staff; while at the same time taking into consideration the wishes of a deceased person and/or their loved ones.

36 CFR §3.21 – SWIMMING AND BATHING

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

• The Sand Creek Massacre National Historic Site is closed to all swimming and bathing activities.

36 CFR §4.10 – TRAVEL ON PARK ROADS AND ROUTES

(a) Park roads, open for travel by motor vehicle, are those indicated below:

• Roadway accessing the lower and upper visitor parking lots is open to any motorized vehicle.
• Roadway accessing the visitor parking lot to the west end of the trail is restricted and to be determined.
• Public access is restricted on designated non-public service roads except through special use permits and for approved contractors and lessees.

Any road, parking area, trail, facility or portion of a facility which is posted or closed by barricades, closed gates or signs is closed to public access.

Determination: It is necessary to occasionally close normal public use areas to protect the natural and cultural resources from damage, theft, vandalism and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazardous conditions, which become extreme during seasonal variations of weather and daylight.

36 CFR §4.21 – SPEED LIMITS

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

• The speed limit on the park entrance road and visitor parking lot is 15 mph.
• All non-public service roads are limited to 20 mph.

36 CFR §4.30 – BICYCLES

(a) Bicycles and e-bikes are limited to public gravel roadways gravel parking areas.

• Bicycles and e-bikes are prohibited on non-public service roads
• Bicycles and e-bikes are prohibited on all park trails.

Determination Statement: The unimproved nature of park service roads and unpaved trails is inconsistent with the safe operation of bicycles. Bicycles are allowed on the paved trail between the visitor parking lot and the reconstructed fort because they are compatible with the use of motorized golf carts by park staff to transport visitors on the paved trail.

(See e-bike notes under section 1.5 Closures for more information specific to e-bikes.)

36 CFR §4.31 – HITCHHIKING

Hitchhiking is prohibited under the terms and conditions noted:

• Hitchhiking on the traveled portion of a public way or otherwise interfering with the flow of traffic
• Creating a hazardous condition

36 CFR §5.1 – ADVERTISEMENTS

Commercial notices or advertisements shall not be displayed, posted, or distributed on federally owned or controlled lands within a park area unless prior written permission has been given by the Superintendent.

NOTE: See §5.1 for criteria for granting permission.

36 CFR §5.3 – BUSINESS OPERATIONS

Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited.

36 CFR §5.5 – COMMERCIAL PHOTOGRAPHY

(a) Before any motion picture may be filmed or any television production or soundtrack may be made by any person other than bona fide newsreel or news television personnel, written permission must first be obtained from the Superintendent through the permitting process.

(b)Taking photographs of any vehicle or other articles of commerce or models for the purpose of commercial advertising without a written permit from the Superintendent is prohibited.

36 CFR §5.6 – COMMERCIAL VEHICLES

(b) & (c) Using commercial vehicles on government roads within park areas when such use is in no way connected with the operation of the park is prohibited and requires permission or a permit from the Superintendent.

NOTE: See conditions for granting permission or issuing a permit in §5.6.

36 CFR §5.7 – CONSTRUCTION OF BUILDINGS OR OTHER FACILITIES

Such activities are prohibited, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States.

IV. APPENDIX

1.1 Public Use Trails

1.2 Visitor Use Area

1.3 First Amendment Area

 

1.1 Public Use Trails
The Monument Hill Trail is half a mile long and leads to the village overlook above Sand Creek. The Bluff Trail extends approximately one and a half miles beyond the village overlook area along the ridge line.
Note: Map reflects pre 2022 boundary and will be updated in next brochure printing.

NPS

 

1.2 Visitor Use Area

NPS

 

1.3 First Amendment Area

NPS