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 compendium actions 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.

Approved: /s/ Eric Leonard, Superintendent
15 May, 2025

 

Introduction to the Superintendent's Compendium

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

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, than that Superintendent is obliged to place limitations on public use.

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.

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?

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.

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.

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.

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.

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.

Additional Information

Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4Definitions.

Availability

Copies of the Compendium are available for viewing at Sand Creek Massacre National Historic Site, PO Box 249, Eads, CO 81036.It may also be found online at: https://www.nps.gov/sand/learn/management/superintendents-compendium.htm

 

36 CFR PART 1 – General Provisions

(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:

36 CFR §1.5 – VISITING HOURS

• 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) – AREA DESIGNATIONS FOR SPECIFIC 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 NPSotherwise 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 Systemunit, 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.

36 CFR §1.5 – PUBLIC USE LIMITS

Service roads and trails are closed to vehicles except for administrative use.

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

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

Designated non-public service roads (West Boundary Road and County Road 56 and unmaintained ranch roads) are used by personnel only for resource management, maintenance and other purposes as approved by management. Access and use of these roads by partners, permitees, and others requires a permit.

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

The use of a Segway or a similar gyroscopically controlled device is considered the   same as a motorized wheelchair and may be used (as provided by ADA law) by persons with mobility disabilities. Sand Creek does not have any prohibitions concerning motorized wheelchair access. For safety purposes, a Segway or similar device are required to travel at a walking pace in all areas of the site. Use of a Segway outside of ADA law is prohibited.

The Superintendent has determined that this designation is in compliance with NPS policy and is a reasonable attempt to make the site’s programs, facilities and services more accessible to people with mobility disabilities.

Uncrewed AircraftLaunching, landing or operating an uncrewed aircraft from or on lands and waters administrated by the National Park Service within the boundaries of Sand Creek Massacre NHS is prohibited except as approved in writing by the superintendent.

This restriction is necessary to prevent unacceptable impacts to resources and values from the use of uncrewed aircraft. Potential impacts include harming visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds, and disturbing wildlife. This restriction is required by NPS Policy Memorandum 14-05 dated June 19, 2014.

Recreational Activities

The site is closed to public use activities involving sports or other recreational activities not related to the historical themes of the Site. Public pedestrian access is restricted to designated public use trails during open hours only.

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 Site and the purposes for which the Site was intended.

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

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, NPS-reviewed and approved EarthCaches and ParkCaches offer a virtual and educational form of caching, pose an acceptable alternative for the caching community.

36 CFR §1.5 – 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.”

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 site’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.

Recreational Activities

The site is closed to public use activities involving sports or other organized recreational activities not related to the historical themes of the site unless under a special use permit.

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 site and the purposes for which the site was established.

36 CFR §1.5 – SPECIFIC USES

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

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 public parking areas, roadways and trails.

• 36 CFR 1.5 Launching or landing uncrewed aircraft.
• §2.4(e)(4) 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.
• § 2.5 Specimen collecting and scientific research.
• § 2.12 Audio Disturbances:

  • (a)(4) Operating a public address system in connection with a public gathering or special event for which a permit has been

  • (a)(3) Operating any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas issued pursuant to § 2.50 or § 2.51

• § 2.17 Aircraft and air delivery:
  • (c)(1) Removal of a downed aircraft
• § 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)

• § 2.50 Conducting a sports event, pageant, regatta, public spectator attraction, entertainment, ceremony, and/or similar events

• §2.51 Conducting a demonstration by groups of more than 25 people
• § 2.52 Selling or distributing printed matter and other message-bearing items by groups of more than 25 people.
• § 2.60 (b) Livestock Use
• §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 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.
• § 5.1 Displaying, posting or distributing advertisements
• § 5.2 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 Site Manager’s office. It will require a minimum of 14 days for processing in advance of the event.
• § 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. 
• § 5.7 Constructing buildings, facilities, trails, roads, boat docks, path, structure, etc.

 

36 CFR PART 2 – Resource Protection, Public Use and Recreation

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 Section1.5 of this document.

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

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.

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 site 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.
These regulations help to protect against the unlawful taking of wildlife within the site.

36 CFR §2.3 – FISHING

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

There is no suitable fish habitat within the site.

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 without a permit within Sand Creek Massacre NHS.

36 CFR §2.11 – PICNICKING

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

Picnicking in the designated areas of the site 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 are 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. This use will be approved and supervised by the Tribal Liaison. (P.L. 106-465, Sec. 8 (b) and Sec. 9 (a)(1))

36 CFR §2.15 – PETS

Service Animals:
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. 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)(3) Pets may only be left unattended and tied to an object in the following areas, under the following conditions:

• 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.

36 CFR §2.16 – HORSES and PACK ANIMALS

(b): Horses and pack animals (burros, mules, llamas, or other hoofed mammals) are prohibited unless authorized by permit from Site Manager for living history programs or other special events.
 

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

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.

As directed by Presidential Executive Order #13058, and in recognition of the health risks associated with “secondhand” smoke, the Superintendent has determined this restriction is necessary for public health and safety.

• 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 receptacles. 
• Smoking materials include cigarettes, pipes, cigars, vaping devices, and e- cigarettes.

36 CFR §2.35 –ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES

(a)(3)(i) All 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 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 an alcoholic beverage or the possession of an open container of an alcoholic beverage would be inappropriate considering other uses of the location and the purpose for which it is maintained or established.

36 CFR §2.51 – DEMONSTRATIONS AND DESIGNATED AVAILABLE PARK AREAS

(c)(2)-Designated Location:

A 50’ X 50’ area on the southwest corner of the visitor orientation area just north of the entrance road has been designated as available for demonstrations.  A permit is not required for a demonstration in the designated location if it involves 25 persons or fewer and does not involve structures.  (See Appendix 1.3 for map)

The designated location is in a prominent location that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities.  At the same time, the designated location leaves ample space for and for the NPS to conduct administrative activities such as interpretive events.

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

The following location, a 50’ X 50’ area in the mowed area immediately in front of the Contact Station Deck to the east and immediately south of the path from the parking area to the contact station has been designated as for the sale or distribution of printed material. A permit is not required for a demonstration in the designated location if it involves 25 persons or fewer and does not involve structures. (See Appendix 1.3 for map)

The designated location is in a prominent location near the Visitor Contact Station that will allow individuals and groups to conduct demonstrations in a manner that will allow for effective communication of speech and other protected activities. At the same time, the designated location leaves ample space for visitors to enter and leave the contact station safely and for the NPS to conduct administrative activities such as interpretive events.

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.

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

 

36 CFR PART 3 – Water Use Activities

36 CFR §3.16 – 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 PART 4 – Vehicles and Traffic Safety

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.

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 and gravel parking areas.

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

The unimproved nature of park service roads and unpaved trails is inconsistent with the safe operation of bicycles.

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).

 

36 CFR PART 5 – Commercial and Private Operations

36 CFR §5.3 – BUSINESS OPERATIONS

Engaging in or soliciting any business within the park is authorized only by a permit issued by the Site Manager or his/her designated representative. Any person engaging in or soliciting any business within the park must have the permit in his/her possession while in the park.

Engaging in or soliciting business within boundaries of Sand Creek Massacre National Historic Site is prohibited except when authorized by the Site Manager by use of a special use permit.

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