National Park Service
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 www.gpo.govOR
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
The CFR is also available on the Internet at www..ecfr.gov.
Laws and Policies Allowing the Superintendent to Develop this Compendium
In 2014, Congress enacted Title 54- National Park Service and Related Programs to clarify its intentions as to the overall mission of the NPS. Title 54 conforms to the understood policy, intent, and purpose of the Congress in the original enactments or the laws governing the National Park Service.
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 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.
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 the use or activity consistent with Title 54 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, 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.
Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.
Copies of the Compendium are available at the park Visitor Center, located in Empire, Michigan. It may also be found at the park’s website at www.nps.gov/slbe.
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 Title 54 U.S.C. 100751, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Sleeping Bear Dunes National Lakeshore. 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.
TREATY RIGHTS (1836), INLAND CONSENT DECREE, AND TRIBAL CONSERVATION CODE
I. 36 CFR §1.5 - CLOSURES AND PUBLIC USE LIMITS
Public Use Limits:
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.
All public use in any area closed by the Superintendent and identified with an official sign as closed is prohibited.
The Pierce Stocking Scenic Drive will be closed to vehicular traffic each year when there is limited maintenance staff, visitation, and/or lack of funds. It will also be closed when weather conditions make travel hazardous for motor vehicles.
Park campgrounds, or sections of park campgrounds, may be closed when there is limited maintenance staff, low visitation, or lack of funds to allow for re-vegetation and recovery, or weather. In addition, areas may be temporarily closed for a variety of reasons, including site restoration, protection of at-risk endangered or threatened animal and plant species, and protection of fragile cultural and historic sites.
For the protection of fragile dune vegetation such as dune grass, activities other than walking, such as sports and games or sunbathing are prohibited on vegetated areas of sand dunes.
Entry into any posted closed or rehabilitation area located anywhere in the park is prohibited.
The possession of firewood not originating from North and South Manitou Island is prohibited to prevent the spread of invasive pests and diseases.
The following areas are closed to entry and visitor use for the protection and rehabilitation of fragile dune grasses and sand dune formations:
That area behind the posted closure signs between North Bar Lake and Lake Michigan.
Entry into the Empire Park Maintenance area is limited to NPS and FAA employees and their authorized agents, and delivery and service personnel for the above listed agencies.
Only authorized personnel are allowed to fire weapons on the park Firearms Range.
Climbing upon the shipwreck Francisco Morazan is prohibited.
The South Manitou Island dock is closed to all private vessels.
The following areas are closed to swimming:
From public docks on the Manitou Islands.
Between Lake Michigan Road launch ramp and the downstream limit of dredged area at the mouth of Platte River while boat channel dredge is on site.
Diving from the shipwreck Francisco Morazan is prohibited.
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
Hunting is allowed in accordance with Michigan State laws and regulations, and with certain restrictions listed below.
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
D. H. Day Campground
White Pine Backcountry campsites
Group Campground near Dune Climb
Pierce Stocking Scenic Drive (when open to traffic)
Glen Lake Picnic Area
Good Harbor Picnic Area
Village area on North Manitou Island
Village Campground on North Manitou Island
Campgrounds on South Manitou Island: Weather Station, Bay and Popple
Village area on South Manitou Island
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.
In accordance with the Sleeping Bear Dunes National Lakeshore Act. (P.L. 91-479), The Wilderness Act of 1964, Sleeping Bear Dunes National Lakeshore Conservation and Recreation Act. (P.L. 113-87), and subject to existing state, county, township and private rights, the use of mechanized equipment, motor vehicles, motor boats, wheeled devices and the landing of aircraft in the Wilderness areas is prohibited (except as necessary to meet minimum National Park Service administrative requirements and/or emergency situations).
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.
The following lakes are in Wilderness and/or are not accessible by road and are closed to the use of all power-driven vessels:
Florence Lake (South Manitou Island)
Lake Manitou (North Manitou Island)
Tamarack Lake (North Manitou Island)
The following lakes are closed to power-driven vessels from April 1 through October 31 and are limited to two-horsepower motors the rest of the year:
Otter Lake (Electric motors are permitted year round)
Bass Lake (Electric motors are permitted year round)
North Bar Lake<
Tucker Lake (Electric motors are permitted year round)
Vessels may not create a wake or exceed 5 mph in the following areas:
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 1 through November 20. 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.
The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
The organizer of any other type of filming activity must provide written notice to the Superintendent at least 10 days prior to the start of the proposed activity. Based upon the information provided, the Superintendent may require the organizer to apply for and obtain a permit of necessary to:
If the Superintendent determines that the terms and conditions of a permit could not mitigate the concerns identified above in an acceptable manner, the Superintendent may deny a filming request without issuing a permit. The Superintendent will provide the basis or denial in writing upon request.The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10-day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the day of production, the proposed filming activities may occur without a permit. The following are prohibited:
Violating a term or condition of a permit issued under to this action may also result in the suspension and revocation of the permit by the Superintendent.
Determination: Pursuant to Policy Memorandum issued on February 22, 2021 by Deputy Director Shawn Benge, Exercising the Authority of the Director, this interim policy allows Superintendents to restrict filming activities that pose a threat to park resources, values or the visitor experience.
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)
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.
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.
NPS regulations define e-bikes at 36 CFR 1.4 as: a two- or three-wheeled cycle with fully operable pedals and an electric motor of not more than 750 watts that meets the requirements of one of the following three classes:
This definition is similar to the definition of “low-speed electric bicycle” in the Consumer Product Safety Act (15 U.S.C. 2085) and the definition of “electric bicycle” in the laws governing the Federal Aid Highway Program (23 U.S.C. 217(j)(2)), except that the NPS’s definition:
E-bikes are allowed in Sleeping Bear Dunes NL where traditional bicycles are allowed. E-bikes are prohibited where traditional bicycles are prohibited. Except where use of motor vehicles by the public is allowed, using the electric motor to move an e-bike without pedaling is prohibited.
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(i).
Except as specified in this Compendium, the use of an e-bike within Sleeping Bear Dunes NL is governed by State law, which is adopted and made a part of this Compendium. Any violation of State law adopted by this paragraph is prohibited.
Determination: Pursuant to Policy Memorandum “Electric Bicycle Literature Review”issued on August 13, 2021 by Deputy Director, Operations Shawn Benge, Exercising the Delegated Authority of the Director, the decision to allow e-bikes in Sleeping Bear Dunes NL has been re-reviewed and deemed appropriate.
E-bikes advance Healthy Parks Healthy People goals to promote parks as a health resource by supporting a healthy park experience that is accessible, desirable, and relatable to people of all abilities, and by minimizing human impact through the expansion of active transportation options in parks.
Regardless of vaccination status or local community transmission levels, all individuals over the age of two must wear masks, except when actively eating or drinking, in all common areas and shared workspaces in federally owned buildings administered by the National Park Service and in office space leased by the National Park Service.
Federally owned buildings administered by the National Park Service include, but are not limited to, visitor centers, administrative offices, maintenance facilities, and shared government quarters; buildings assigned to concessioners or other park partners; and buildings leased for commercial purposes to individuals or entities other than the National Park Service.
All individuals over the age of two, regardless of vaccination status of local community transmission levels, must wear masks in the following outdoor areas when others are present, except when actively eating or drinking, where the superintendent has determined that physical distancing (staying at least six feet apart) cannot reasonably be maintained:
Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.
Regardless of vaccination status, all individuals must comply with all orders regarding masks issued by the Centers for Disease Control and Prevention (CDC).CDC prevention measures continue to apply to all travelers on public transit, regardless of vaccination status.
Masks remain required on all forms of public transit that operate within parks, including busses, trains, and boats/ferries, and in transportation hubs.
Determination: Pursuant to Policy Memorandum “Masking Requirement for Shared Indoor and Designated Outdoor Spaces” issued on August 16, 2021 by Deputy Director, Operations Shawn Benge, Exercising the Delegated Authority of the Director.
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
III. GENERAL REGULATIONS
Last updated: September 10, 2021