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1. Superintendent’s Compendium Described By signing Title 54 into law, several previous laws that existed under Title 16 were repealed, including the National Park Service Organic Act, the National Park System General Authorities Act, the Historic Preservation Act, etc. The National Park Service (NPS) is granted broad statutory authority under 54 United States Code (U.S.C.) to promote and regulate the use of the National Park System by means and measures that conform to the fundamental purpose of the System units, which purpose is to conserve the scenery, natural and historic objects, and wild life in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wild life in such manner and by such means as will leave them unimpaired for the enjoyment of future generations. ((54 U.S.C. 100101(a)). In addition 54 U.S.C. 100751(a) allows the NPS, through the Secretary of the Interior, to “prescribe such regulations as the Secretary considers necessary or proper for the use and management of System units.” 54 U.S.C. 100101(b) reaffirms the original intent of Congress in the establishment of the National Park Service by recognizing “…these areas, though distinct in character, are united through their interrelated purposes and resources into one National Park System as cumulative expressions of a single national heritage...” 54 U.S.C. 100101(2) reaffirms the high standard of protection defined in the original Organic Act by stating “Congress reaffirms, declares, and directs that the promotion and regulation of the various System units shall be consistent with and founded in the purpose established by subsection (a), to the common benefit of all the people of the United States.” 54 U.S.C. 100501 defines the National Park System as “… any area of land and water administered by the Secretary, acting through the Director, 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 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
5. Applicability of the Compendium 6. Enforcement of Compendium Requirements 7. Penalties for Not Adhering to the Compendium Requirements 8. Comments on the Compendium Written comments on the Compendium may be submitted to Superintendent
9. Effective Date of the Superintendent Compendium
10. Additional Information
11. Availability 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. TREATY RIGHTS (1836), INLAND CONSENT DECREE, AND TRIBAL CONSERVATION CODE Nothing in this Compendium or its implementation is intended to modify, abrogate or otherwise adversely affect tribal reserved or treaty-guaranteed rights applicable within Sleeping Bear Dunes National Lakeshore. These rights include hunting and fishing. Accordingly, exceptions to the following regulatory provisions may involve the tribal exercise of treaty rights, including the use of weapons and nets as authorized by the treaty, the Inland Consent Decree of 2007, and the applicable Tribal Conservation Code.I. 36 CFR §1.5 - CLOSURES AND PUBLIC USE LIMITS Public Use Limits:
Benzie County Determination: The Superintendent has determined glass containers are prohibited on swimming beaches, lakes and other shorelines and at the Dune Climb in order to prevent the potential for injuries from barefoot visitors stepping on broken glass. The waterways of the park are used by swimmers and other water enthusiasts who are usually barefooted. Broken glass has caused serious injuries over the years. When glass is broken, the glass shards are difficult to clean up. It is almost always left buried in the sand or mud and presents a safety hazard. Glass containers are allowed in all developed campsites and picnic sites as well as in vehicles, on designated roads and parking areas. The Dune Climb has historically been closed to glass containers due to the high number of visitors who are barefoot in this large dune area. Closures:
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted: Hunting The following park facilities are closed to hunting, which includes a 450 foot (137 meter) safety zone. The safety zone is defined as the area beginning at the edge or exterior boundary of any road, site or development and extending outward for 450 feet (137 meters). - Platte River Campground Ground blinds may be built with natural dead and downed material, but must be dismantled within seven days of the close of the hunting season. When dismantling ground blinds, the area must be returned to its natural setting. Determination: No hunting safety zones are established to protect areas where high concentrations of visitors are common, thereby improving public safety. Wilderness Maps showing the Wilderness areas of the park are available at Park Headquarters in Empire, Michigan. The following restrictions and/or conditions are in effect for the specific uses or activities noted: Bus idling is prohibited except while loading or unloading passengers. Determination: The idling of bus engines adds unnecessary exhaust fumes to the air and diminishes the enjoyment by visitors of the peace and tranquility of the park.
Boating The following lakes are in Wilderness and/or are not accessible by road and are closed to the use of all power-driven vessels: Leelanau County Benzie County Benzie County Determination: The lakes where boats are limited to two-horsepower motors are to provide for natural quiet and reduce visitor impact as specified in the Sleeping Bear Dunes National Lakeshore General Management Plan Wilderness Study/Environmental Impact Statement of 2009. These lakes are in the “Experience Nature Zone” where visitors can experience a more natural setting. No-wake zones are designated to provide for public safety and to help reduce shoreline erosion caused by boat wakes. The temporary mooring of private boats to National Park Service docks located on the Manitou Islands is limited to thirty minutes from May 1st through November 20th. The temporary mooring of private boats to National Park Service docks located on the Manitou Islands is limited to thirty minutes from May 1st through November 20th. Mooring of private boats shall not interfere with Manitou Island Transit and National Park Service operations to ensure visitor and employee safety. Determination: Temporary access to the docks located on the Manitou Islands is necessary to allow for unloading passengers and gear but must be restricted in time and priority due to limited space and overriding operational priorities of the National Park Service to ensure visitor and employee safety. The temporary mooring of private boats to the Platte River Picnic Area boardwalk, and to the Loon Lake dock is limited to one hour. Determination: Restrictions to the temporary mooring of private boats at the Platte River Picnic Area boardwalk and Loon Lake dock is due to the high volume of visitation and congestion that limits safe access to launch sites. The mooring of vessels to the shipwreck Francisco Morazan is prohibited. Determination: Due to the deteriorated condition of the Francisco Morazan and the distance to emergency care, the shipwreck is hazardous. The mooring of vessels to the wreck poses a risk to visitors who might be injured while trying to tie to or climb upon the rusting hull of the Francisco Morazan.
Unmanned Aircraft Closures: Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service (NPS) within the boundaries of Sleeping Bear Dunes National Lakeshore is prohibited except as approved in writing by the superintendent. Definition: The term “unmanned aircraft” means a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to operate or control the device (such as cameras, sensors, communication links.) This term includes all types of devices that meet this definition (e.g. model airplanes, quadcopters, and drones) that are used for any purpose, including for recreation or commerce. Determination: Pursuant to Policy Memorandum 14-05 issued on June 19, 2014 by NPS Director Jonathan B. Jarvis, this interim policy is necessary to maintain public health and safety in units of the National Park System and to protect park resources and values until the NPS can determine whether specific uses of unmanned aircraft on land and waters administered by the NPS are appropriate and will not cause unacceptable impacts on park resources and values. The use of unmanned aircraft within the boundaries of Sleeping Bear Dunes National Lakeshore has the potential to harm visitors, disturb wildlife, impact view sheds, cause excessive noise, and interfere with other visitors' enjoyment of the area. A less restrictive approach is not appropriate at this time due to the impacts the devices could potentially present to visitor safety, park values, and to park resources. The interim closure will safeguard these values while the NPS considers how to address this new use on a long-term basis.
Electronic Nicotine Delivery Systems (ENDS) Closures: The use of e-cigarettes and other Electronic Nicotine Delivery Systems (ENDS) will be subject to the same restrictions as tobacco smoking. ENDS use will not be allowed in any indoor and outdoor area where smoking is prohibited. Definition: The term “Electronic Nicotine Delivery Systems” or ENDS encompasses all forms of vaping, the process of inhaling vaporized nicotine, flavorings and other chemicals with a battery-powered device. Electronic or e-cigarettes are a type of ENDS. Determination: Pursuant to Policy Memorandum 15-03 issued on September 10, 2015 by NPS Director Jonathan B. Jarvis, this interim policy is necessary to maintain public health and safety in units of the National Park System. Current research indicates that vaping aerosols have at least some level of risk for nearby people in areas with limited ventilation and people with compromised health conditions. Available published studies evaluating the potential hazardous effects of the natural and/or synthetic chemicals used in ENDS indicate that potential health effects exist for users and those exposed secondhand. The Division of Pharmaceutical Analysis of the Food and Drug Administration (FDA) recently analyzed the ingredients in a sample of cartridges from two leading brands of ENDS, and found the devices emitted (1) tobacco-specific nitrosamines (a human carcinogen), and (2) diethylene glycol, a chemical used in antifreeze that is toxic to humans.
Skis, Snowboards, Sleds, or Similar Equipment Closures: The use of skis, snowboards, sleds, toboggans, saucer sleds, inflatable tubes or similar equipment on sand dunes is prohibited except when snow covered. At the Dune Climb, the use of skis, snowboards, sleds, toboggans, saucer sleds, inflatable tubes or similar equipment is restricted to use within the designated snow covered area. Determination: It is recognized that the use of skis, snowboards, sleds, toboggans, saucer sleds, inflatable tubes or similar equipment on sand dunes has an effect on dune areas by impacting sensitive vegetation, causing soil compaction and erosion. The uses of such devices poses a visitor use conflict when areas are not covered by snow and are hazardous to the public in high use areas. During winter months when the dune areas are covered in snow the use of such devices are in line with the recreational activities of visitors and has a reduced impact on the resource. Activity is restricted within a designated area at the Dune Climb because of the high volume of visitor use and to restrict visitor use outside of areas susceptible to snow avalanches.
II. 36 CFR §1.6 - ACTIVITIES THAT REQUIRE A PERMIT (f) The following is a compilation of those activities for which a permit from the Superintendent is required. Engaging in any of the listed activities without a permit is prohibited. §1.5(d) The following activities originating and/or terminating within the park boundary require a written Special Use Permit: Special Use Permits 36 CFR Section
Commercial Permits 36 CFR Section
36 CFR §2.1 - PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES
(a)(4) Dead wood on the ground, including driftwood, may be collected for use as fuel for campfires within the park. Wood found in all dune ghost forest areas is to be left undisturbed. Dead and down scrap wood that is a result of official right-of-way cutting activities or of authorized park tree removal projects may be removed from within road rights-of-way for use outside the park. (c)(1), (c)(2) The following fruits, nuts, and berries may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or use or consumption restrictions: Apples: one bu./35 liters The collection of wildflowers is prohibited. Determination: Collection of small amounts of these items will not adversely affect the park wildlife, the reproduction potential of these species, or otherwise adversely affect park resources. A mushroom is specifically defined as "the fleshy, spore-bearing fruiting body of a fungus." The intent of allowing mushroom collection is that the collection of these fruiting bodies is akin to the collection of fruit from a tree or shrub. The collection of the vegetative body (mycelium) or dead sterile portions that form from a fruiting body of a mushroom is prohibited. 36 CFR §2.2 - WILDLIFE PROTECTION (b)(3) Trapping is prohibited. (d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:
36 CFR §2.3 - FISHING (a) Fishing in the park is allowed in accordance with applicable Federal and state laws and regulations as authorized by §7.80(b), with the following special condition: (d)(8) Fishing is permitted from the public docks on the Manitou Islands providing it does not interfere with the safe and orderly landing of vessels or the safe and orderly management of other authorized activities.
36 CFR §2.10 - CAMPING (a) Permits are required for all camping; special conditions for camping as follows: Camping is allowed only at designated locations on the mainland and on South Manitou Island. There is a camping limit of 14 total calendar days per designated campground for all individuals camping within the National Lakeshore from Friday of Memorial Day weekend through Labor Day. Camping equipment may not remain in place on a site beyond the 14 day stay limit, even if used by a different person or group. Benches and picnic tables are not to be moved out of the campsite or to/from community fire ring areas. No Hazardous waste, flammable or combustible materials, or propane tanks may be disposed of in refuse receptacles. Generator use is prohibited in the Platte River Campground. Generator use is prohibited in all D. H. Day Campground sites, EXCEPT sites 1 through 31 and is only allowed between the hours of 9:00 a.m. and 6:00 p.m. at those sites. D. H. Day and Platte River Campground campers must register upon arrival. Checkout time is 12:00 p.m. (noon) and Check-in time is 2:00 p.m. South Manitou Island campers must vacate their campsite on the day of their departure by 11:30 a.m. to allow incoming campers optimum campsite selection. Campground size/use limits are as follows: D. H. Day No more than two passenger vehicles, OR four motorcycles are allowed per site. Platte River Mainland Group Sites White Pine South Manitou Island North Manitou Island Backcountry Camping Group backcountry camping on North Manitou Island is limited to 10 persons per permit. On North Manitou Island, camping is prohibited at the following locations: 36 CFR §2.12 - AUDIO DISTURBANCES (a)(3) Pursuant to the terms and conditions of a permit, operation of an ice auger or power engine is authorized on the frozen surface of designated lakes for the specific purpose of cutting through the ice surface to provide access for legal ice fishing activity. Ice auger means a portable gasoline, propane or electric powered engine connected to a rotating helical shaft for boring through the frozen surface of a lake. Power engine means a mobile gasoline, propane or electric powered engine or device connected to a rotating saw blade or teeth linked in an endless chain for cutting through the frozen surface of a lake. The following lakes are designated for use of an ice auger or power engine as defined with a free permit obtained at the visitor center in Empire. Benzie County Leelanau County Lake Michigan Lake Michigan
36 CFR §2.13 - FIRES (a) Open fires, including charcoal fires, may be lit and maintained only at the following locations: - Campground grills - individual and community type grills installed expressly for open fires. - Any mainland public Lake Michigan beach area between the edge of the water and the toe of the first dune. - All open fires on the Manitou Islands must be contained in a fire ring or grill installed by the National Park Service for this purpose. On South Manitou Island, these are located in the campgrounds and in the Bay area, on the beach. On North Manitou Island, these are located in the Village Campground. - Picnic sites - fire ring or grill. - Wood burning stoves are prohibited, except inside tents or shelters during the North Manitou Island deer hunt. - Hanging lanterns on or against trees is prohibited. The use of kerosene, gas-fueled or alcohol-fueled lanterns or stoves, candles or other such devices are prohibited on the porch of, and within the D. H. Day Campground Log Cabin. (b) All fires must be extinguished with water -- NOT BURIED.
36 CFR §2.14 - SANITATION AND REFUSE (b Where toilet facilities are not provided, human waste will be disposed of in a shallow hole at least six inches (15 centimeters) deep, and covered with earth. 36 CFR §2.16 - HORSES AND PACK ANIMALS (a) At Sleeping Bear Dunes National Lakeshore, the Alligator Hill Trail system is the only area designated for use by horses. Horses may be used on the Alligator Hill Trail System from April 1 to November 30. Horses may be used on the county road rights-of-way, but may not be used outside of the county road rights-of-way. 36 CFR §2.20 – SKATING, SKATEBOARDS AND SIMILAR DEVICES The Sleeping Bear Heritage Trail is a designated area for the use of roller skates, skateboards, roller skis, coasting vehicles and/or similar devices. Determination: The use of skates, skateboards and similar devices on the hard-surfaced Heritage Trail will not adversely affect park resources. These devices are not allowed to be ridden outside of the multi-use Sleeping Bear Heritage Trail, to prevent safety issues that might occur with motor vehicle traffic.
36 CFR §2.21 - SMOKING (a) Smoking is prohibited as follows: - In all National Park Service buildings open to the public, including offices, workspace, storage areas, and other facilities, and all historic structures, including those used as quarters. - Within 25 feet of public buildings, pavilions and restrooms. - Within 25 feet of any entrance or exit not generally accessed by the public, where smoking would result in smoke traveling through doorways, windows, air ducts or other openings. - At locations posted as no smoking areas. This prohibition also applies to the use of electronic cigarettes (See 36 CFR § 1.5, Closures). Determination: The health and wellbeing of its employees and visitors is of utmost importance to the National Park Service, as is the protection of its cultural and natural resources. Tobacco smoking has long been recognized as a major cause of death and disease. The health risks affect not only those who smoke, but also those who are exposed to environmental tobacco smoke (ETS), commonly known as "secondhand" smoke. ETS has been designated a Class A carcinogen by the Environmental Protection Agency. Even when insufficient to cause cancer, ETS exposure can pose other health hazards for non-smokers, such as allergic reactions. It can also be a source of discomfort and annoyance.
36 CFR §2.23 - RECREATION FEES (b) Recreation fees, and/or a permit, in accordance with 36 CFR, Part 71, are established for the following entrance fee areas, and/or for the use of the following specialized sites, facilities, equipment or services, or for participation in the following group activity, recreation events or specialized recreation uses:
36 CFR §2.15 - PETS (a) Pets are generally permitted within the National Lakeshore EXCEPT in the following areas where they are prohibited: - Dune section of the Dune Climb and within the designated winter activities area when posted. - White Pine backcountry campsites. - Beach from County Road 669 access east to County Road 651 access. - Beach just south of the North Bar Lake outlet to the Maritime Museum, including the Maritime Museum grounds. - Beach from Peterson beach access north to Esch beach access. - Beach from the southern-most park boundary north to Old Railroad Grade Trail/Platte Campground Trail. - Any other areas where “NO PETS” signs are posted after a determination by the Superintendent that a specific conflict exists requiring such a closure.
Pets are prohibited at the following designated cross-country ski trails during the periods of December 1 through March 31: Alligator Hill (5) Pet excrement will be cleaned up and disposed of in trash receptacles by pet owner. (b) Hunting dogs are not considered pets when used in conjunction with authorized hunting activities during the mainland firearms seasons set by the State of Michigan. Training of hunting dogs in the park is prohibited. Provisions of this section do not apply to service animals. Service animals are defined as dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals. 36 CFR §2.51 - PUBLIC ASSEMBLIES, MEETINGS All areas in the National Lakeshore may be available as First Amendment and printed material distribution areas depending upon the nature of the permit request. The following are designated as First Amendment and printed material distribution areas within the National Lakeshore. They are delineated as follows: Dune Climb: Permittee(s) may circulate between the curb of the parking lot and the toe of the dune. All visitor contacts are to be at least 50 feet (15.24 meters) from any building and the Sleeping Bear Heritage Trail. (Leelanau County) Glen Lake Picnic Area: Permittee(s) may circulate between the curb of the parking lot and the water's edge. All visitor contacts are to be at least 50 feet (15.24 meters) from any building. (Leelanau County 36 CFR §3.8 – DESIGNATED VESSEL LAUNCH SITES The following areas are designated launch sites by the superintendent. Benzie County Leelanau County County Roads Unless specified above the Lake Michigan Shoreline and other unspecified water sites accessible to the publicn - hand launch only Additional restrictions on launching or recovery of a vessel apply at specific locations and signs are posted. 36 CFR §4.10 - TRAVEL ON PARK ROADS AND ROUTES Self-balancing electric personal transportation devices, and electric scooters, are allowed to operate on the Sleeping Bear Heritage Trail for the purpose of providing disability access, as long as they have a noise making device attached to allow for an audible warning to pedestrians and others using the trail. Track-laying motor vehicles may be used to remove excess buildings from park land only after a plan has been submitted and approved by the superintendent.
36 CFR §4.21 - SPEED LIMITS (b) The following speed limits are established for the routes/roads indicated: - The speed limit on the Pierce Stocking Scenic Drive is 20 mph (32 kph) and is posted. - The speed limit in Platte River and D.H. Day Campground is 10 mph (16 kph) and is posted.
36 CFR §4.30 - BICYCLES Bicycle use is permitted on park roads, parking areas, and on the following designated routes: The Pierce Stocking Scenic Drive bicycle route will follow the right edge of the roadway surface delineated by white stripping, between ½ hour before Sunrise and ½ hour after Sunset. Bicycles are prohibited on the Pierce Stocking Scenic Drive during the period of December 1 through March 31 when designated as a cross-country ski trail. Completed sections of the multi-use Heritage Trail, between ½ hour before sunrise and ½ hour after sunset. Electric personal assistive mobility devices and electric-assist bicycles may be used on the Pierce Stocking Scenic Drive bicycle route, the completed sections of the multi-use Heritage Trail, park roads and parking lots. Bicycle riders on the multi-use Heritage Trail shall yield to other riders and users on the trail to allow easy passage. Bicycles must be operated at speeds reasonable for existing conditions. Motor vehicles, ATVs, UTVs, snowmobiles and other motorized transportation vehicles are prohibited on the multi-use Heritage Trail. Determination: The use of bicycles on park roads, parking lots and on the hard-surfaced Heritage Trail will not adversely affect park resources. Bicycles are not allowed to be ridden outside of these specific areas, to prevent negative impacts on visitor use and the natural resources. 36 CFR §7.80 (a) SPECIAL REGULATIONS Powerless flight activity requires a permit (reference §1.6), and it will be allowed from the following designated and signed areas: Powerless flight activity is only approved for hang gliding and paragliding. Hot air ballooning is prohibited.
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Last updated: May 22, 2019