Superintendent's Compendium

National Park Service
U.S. Department of the Interior
Superintendent’s Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Discretionary Authority.

Tallgrass Prairie National Preserve
2480B KS Hwy 177
Strong City, KS 66869
620.273.6034 phone [phone] fax

Approved: 09/026/2023
Kristen Hase, Superintendent

 

 

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 16 United States Code, Section 3, the following provisions apply to all lands and waters administered by the National Park Service, within the boundaries of Tallgrass Prairie National Preserve. 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.

I. 36 CFR §1.5 – VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES

(a)(1) The following visiting hours and public use limits are established for all or for the listed portions of the preserve, and the following closures are established for all or a portion of the preserve to all public use or to a certain use or activity:

Public Access and Visiting Hours:

• The preserve hiking trails are open 24 hours a day, seven days a week, unless posted otherwise.
• The historic buildings and visitor center are open daily, May - October from 8:30 a.m. to 4:30 p.m., and November -April 9 a.m. to 4:30 p.m. All buildings are closed Thanksgiving, December 25, and January 1. The Lower Fox Creek School is open daily May 1 - December 31, 9 a.m. to 4 p.m.
• Where determined to be safe by the operator, use of motorized wheelchairs and similar devices are approved for disabled persons with mobility limitations as defined in 43 CFR Part 17 Subpart E.
• Public access to all other portions of Tallgrass Prairie National Preserve may be provided at designated times by ranger guided tour, special use permit, or upon specific authorization of the Superintendent.

Determination Statement: It is necessary to establish hours that the public may enter an area, in order to protect the natural and cultural resources from resource damage, theft, vandalism and inappropriate group activities. It is also necessary for visitor safety since some of these areas can present hazardous conditions, which become extreme during seasonal variations of weather and daylight. Limited staffing also controls the hours and days of operation. Schedules are set to take advantage of contemporary preserve visitor use patterns.

Public Use Limits:

• Motor Vehicle Access

Motor Vehicle access within Tallgrass Prairie National Preserve is limited to designated parking areas and roadways. Use of motor vehicles such as Segway’s, Hover Boards, Motorized Scooters, UTV’s, ATV’s and E-Bikes are prohibited in all preserve areas. Motorized wheelchairs are approved for handicapped persons with mobility limitations.

Determination Statement: It is necessary to establish this public use limit to protect the natural and cultural resources from resource damage, theft, vandalism and inappropriate group activities. It is also necessary for visitor safety since restricted areas can present hazards during seasonal variations of weather and daylight. In addition, use of motor vehicles such as Segways, Hover Boards, E-bikes UTV’s, ATV’s and motorized scooters within the preserve are considered inappropriate due to the natural scene and the purposes for which the preserve was intended. Restrictions may also help to reduce user conflicts and protect the historic scene as well as prevent damage to the natural resources.

• Segways, Hover Boards, Motorized Scooters, E-Bikes and Motorized Wheelchairs
  
  Segways and motorized scooters and E-Bikes, as defined under 36 C.F.R. § 1.4, are motor vehicles. Pursuant to 36 C.F.R. § 1.5(a) and 4.10(a) Segways and motorized scooters are prohibited from all areas within the Preserve, including all preserve roads, trails and sidewalks. Wheelchairs are defined separately and are not considered motor vehicles.
  
  Any preserve visitor with a disability is permitted to use a motorized wheelchair, Segway or motorized scooter in designated areas throughout the preserve, including all structures, facilities, preserve roads, sidewalks, and other surfaces where the general public is allowed access and when such devices are used for the sole purpose of mobility assistance. Use of any mobility assistive device, as outlined above, must also adhere to the following:
  1. No person under 16 years of age may operate a motorized wheelchair, Segway or motorized scooter without direct adult supervision.
  2. A person shall operate any mobility assistive device in a safe and responsible manner so as not to endanger one’s self or any other preserve visitor.
  3. A person riding any mobility assistive device shall have all the rights and duties applicable to a pedestrian under the same circumstances, except that the mobility assistive device operator must always yield to pedestrians.
  4. Motorized vehicles, including Segway’s, Hover Boards, Scooters and E-Bikes may not be used on preserve tour road and all other trails except the Bottomland Trail because of steep, narrow and rough terrain which extends concerns for public safety.

Determination Statement: The Segway is a two-wheeled, gyroscopically stabilized, battery-powered personal transportation device. While Segways and motorized scooters (or similar devices) are not “designed solely for” mobility-impaired persons and thus do not meet the definition of a motorized wheelchair in 36 CFR Section 1.4, some individuals with disabilities use these devices as their means of personal mobility, in lieu of more traditional devices like the wheelchair. As stated in National Park Service (NPS)Management Policies, Section 8.2.4, and described in more detail in Director’s Order 42, the NPS is committed to making all reasonable efforts to make its programs, facilities, and services accessible to people with disabilities. The NPS has set a goal of ensuring that all people, including persons with disabilities, have the highest level of accessibility that is reasonable to our programs, facilities, and services in conformance with applicable regulations and standards. Allowing the use of motorized wheelchairs, Segways and motorized scooters in the preserve by people with disabilities is part of this effort. In that light, preserve managers have determined that the use of motorized wheelchairs, Segways, motorized scooters and similar devices by persons with disabilities to be safe and appropriate in all paved areas of the preserve currently open to access by the general public.

• Unmanned Aircraft

The term “unmanned aircraft” is defined as meaning a device that is used or intended to be used for flight in the air without the possibility of direct human intervention from within or on the device, and the associated operational elements and components that are required for the pilot or system operator in command to control or operate the device (such as cameras, sensors, communication links). This term includes all types of devices that meet this definition (e.g., model airplanes, quadcopters, drones) that are used for any purpose, including for recreation or commerce. Launching, landing or operating an unmanned aircraft from or on lands and waters administrated by Tallgrass Prairie National Preserve is prohibited except as approved in writing by the superintendent.

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

• Service Animals

Service animals, as defined under 28 CFR 36.104, are “any guide dog, signal dog, or other animal individually trained to do work or perform tasks for the benefit of an individual with a disability”. Animals that meet this definition are considered service animals regardless of whether they have been licensed or certified by a State or local government. National Park Service (NPS) regulations codified at 36 CFR 2.15 currently recognize that only "guide dogs for the blind" and "signal dogs for persons with hearing impairments" are exempt from prohibitions on pets.

Within Tallgrass Prairie NP, all service animals are exempt from prohibitions on pets and, when accompanying a person with a disability (as defined by Federal law and DOJ regulations), will be allowed wherever visitors or employees are allowed. The superintendent may close an area to all service animals upon an individualized assessment and a written determination that allowance of any domestic animal would pose a direct threat to the health and safety of people or wildlife. Individual service animals may be prohibited from any preserve area upon an individualized assessment that the animal’s current behavior poses a direct threat to the health and safety of people or wildlife or when presence of the animal would result in a fundamental alteration to the nature of the preserve or preserve activities.

Determination Statement: Service animals for persons with disabilities have traditionally been understood to be guide dogs for blind individuals and hearing assistance dogs for persons with hearing impairments. Because these animals provide service for persons with disabilities, they are not considered to be pets and, consequently, are not regulated as pets. Accordingly, they have been allowed to go into areas where pets are traditionally prohibited and are exempt from prohibitions on pets in NPS areas. In 1990, with the passage of the Americans with Disabilities Act (ADA), the Department of Justice (DOJ) expanded the concept of service animals to include those providing a service for individuals with other disabilities. Current NPS regulations (36 CFR 2.15), which recognizes only guide dogs for the blind and signal dogs for the hearing impaired, does not apply to persons with disabilities who rely upon service animals for other purposes.

As stated in National Park Service (NPS)Management Policies, Section 8.2.4, and described in more detail in Director’s Order 42, the NPS is committed to making all reasonable efforts to make its programs, facilities, and services accessible to people with disabilities. The NPS has set a goal of ensuring that all people, including persons with disabilities, have the highest level of accessibility that is reasonable to our programs, facilities, and services in conformance with applicable regulations and standards. Allowing the use of all service animals in the preserve by people with disabilities is part of this effort. Therefore the definition of service animals has been expanded to be consistent with the Department Of Justice definition in order to allow all service animals accompanying persons with disabilities the same privileges currently provided to guide dogs and hearing assistance dogs. Preserve managers have determined that the use of service animals by persons with disabilities is generally safe and appropriate in all areas of the preserve currently open to access by the general public.

• Tallgrass Prairie National Preserve is closed to public use activities involving sports or other recreation activities not related to the historical or natural themes of the Preserve, except when approved in writing by the Superintendent. Activities permitted after hours include hiking, walking and jogging, provided no evening events are scheduled.

Determination Statement: It is necessary to establish this public use limit to protect the natural and cultural resources from resource damage. In addition, these types of modern activities in these specific locations are considered inappropriate to the historic scene and the purposes for which the Preserve was intended. Restrictions will also help to reduce user conflicts.

• Three water impoundments within Tallgrass Prairie National Preserve are open for catch and release fishing to the public, in accordance with Kansas State fishing regulations and laws.

Determination Statement: The existing waterways restricted to preserve and protect the sensitive riparian habitat, cultural resources, and to provide for public safety.

• Picnicking is permitted on the preserve with the pack it in/pack it out rule.

Determination Statement: It is necessary to establish this public use limit to protect natural and cultural resources from resource damage. In addition, this type of activity in most locations open to the public is considered inappropriate to the natural and historic scene and the purposes for which the preserve was intended.

Closures: Except as otherwise provided in this section:

• Any road, parking area, trail or facility, which is posted as closed by barricades, closed gates or signs are closed to public access.
• Any portion of the preserve may be temporarily closed to public access upon determination by the Superintendent that significant hazards to visitor safety may be present. Examples may include but are not limited to the presence of hazardous weather, animals, prescribed fire or toxic materials.
• Tallgrass Prairie National Preserve parking lots are closed to overnight parking and camping.

Determination Statement: It is necessary to establish these area closures and restrictions in order to protect the natural and cultural resources from resource damage, theft, vandalism and inappropriate group activities. It is also necessary for visitor safety since some of these areas can present hazardous conditions, which become extreme during seasonal variations of weather and daylight.

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

Motor Vehicles:

• Vehicles left unattended for more than 24 hours without park approval will be considered abandoned and will be towed at owner’s expense.
• All motor vehicles, commercial and private, on all preserve roads, and parking areas within Tallgrass Prairie National Preserve should shut down their engines when not underway.

The idling of vehicle engines adds unnecessary exhaust fumes to the air and diminishes the enjoyment by visitors of the peace and tranquility of the preserve.

The following restrictions and/or conditions are in effect for the specific uses or activities noted:

Mandatory Mask-Wearing:

1. Individuals over the age of two years may be asked to wear masks, except when actively eating or drinking, in the following locations: When COVID-19 Community Level is LOW or MEDIUM in the county where the park is located, based on data provided by the Centers for Disease Control (CDC), individuals are not required to wear masks.
2. When the COVID-19 Community Level is HIGH in the county where the park is located, based on data provided by the CDC, all individuals over the age of two must wear masks, regardless of vaccination status in all common areas and shared workspaces in buildings owned, rented or leased by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.
3. The following outdoor areas, when others are present, where the superintendent has determined that physical distancing (staying at least six feet apart) cannot reasonably be maintained:
   • outdoor areas adjacent to visitor centers\
   • parking lots and common areas in campgrounds
   • crowded trails, viewpoints, and other areas of interest
   • covered structures that attract crowds such a memorials and open-air pavilions
4. Where a state, local, tribal, or territorial government where the park is located imposes more protective mask-wearing requirements than those indicated by the COVID-19 Community Level, individuals must follow those more protective mask-wearing requirements within the park. More protective state, local, tribal, or territorial mask-wearing requirements are hereby adopted as federal requirements in all units of the National Park System located within the state, locality, area subject to a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status.
5. Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so.

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.

Determination: The CDC has developed guidelines and issued detailed considerations for wearing masks. This action is intended for the health and protection of all NPS employees, partner employees, Volunteer-in-Parks, contractors, and visitors.

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:

• §1.5(d) The following activities related to Public Use Limits:
  • Vehicle access into the Tallgrass Prairie National Preserve other than on designated parking areas and roadways.
  • Picnicking outside of designated picnic areas
  • Special activities and public assembly events
  • Commercial filming and photography where models are used, require the closure of an area, or pose potential for damage to the preserve
  • Weddings/scattering of cremation remains
• §2.5(a) Specimen collection (Taking of plants, fish, wildlife, rocks or minerals, and research (etc.)
• §2.10(a) Camping and overnight parking is not permitted.

The preserve is managed for day use and no camping is allowed, however, camping facilities are available nearby. When selected special events or other authorized activities include camping, it will be specified in a permit.

• §2.12 Audio Disturbances:
  • (a)(2) Operating a chain saw in developed areas
  • (a)(3) Operation of any type of portable motor or engine, or device powered by a portable motor or engine in non-developed areas
  • (a)(4) Operation of a public address system in connection with a public gathering or special event for which a permit has been issued pursuant to §2.50 or §2.51
• §2.17 Aircraft & Air Delivery:
  • (a)(3) Delivery or retrieval of a person or object by parachute, helicopter or other airborne means
  • (c)(1) Removal of a downed aircraft
• §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)
• §2.38 (b) Explosives: Use or possession of explosive or fireworks
• §2.50(a) Conducting a sports event, pageant, regatta, public spectator attraction, entertainment,
  ceremony, or similar event
• §2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades and other public
  expressions of views for groups of 26 or more individuals.
• §2.52(c) Sale or distribution of printed matter that is not solely commercial advertising
• §2.60(b) Livestock use other than for park use and interpretive events
• §2.61(a) Residing on preserve lands
• §2.62 Memorialization:
  • Erection of monuments requires approval from Director.
  • Scattering ashes from human cremation must be under a special use permit.
• §5.1 Advertisements - (Display, posting or distribution.)
• §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).
• §5.5 Commercial Photography/Filming:
  • Under federal law, all commercial filming that occurs within a unit of the National Park System requires a permit.
  • Commercial filming of motion pictures or television involving the use of professional casts, settings, or crews, other than bona fide newsreel or news television
  • Still photography of vehicles, or other articles of commerce or models for the purpose of commercial advertising.
• §5.6(c) Use of commercial vehicles on preserve roads (The superintendent shall issue a permit to access private lands within to the preserve when access is otherwise not available)

For more information on permit requirements or application procedures, contact:
Superintendent,
Tallgrass Prairie National Preserve,
2480B KS Hwy 177, Strong City, KS 66869
620-273-6034

III. GENERAL REGULATIONS

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

(a)(5) The following conditions are in effect for walking, climbing, entering, ascending, or traversing the listed archeological or cultural resource, monuments, or statues:

• Pedestrian use of any archeological or cultural resource within Tallgrass Prairie National Preserve is restricted to interpretive trails and established roadways and parking lots unless on an authorized ranger guided tour.

(b) Hiking or pedestrian traffic is restricted to designated trails, roads, parking areas or walkways as listed in Section 1.5 of this document.

36 CFR §2.13 – FIRES

• (a)(1) The lighting or maintaining of fires is prohibited.

36 CFR §2.15 – PETS

(a)(1) The following structures and/or areas are closed to the possession of pets and all other animals:

• All building’s interior areas.
• Outdoor spaces the exception of the historic ranch headquarters, interpretive trails (Southwind, Fox Creek, Bottomland, Two Section), picnic areas, parking lots and around the exterior of the visitor center.
• This restriction shall not apply to any service animal trained to provide assistance to and accompanied by an individual with a disability (as defined by the ADA and DOJ).

*Note: Section 36 CFR §1.5 of this Compendium (VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES) addresses service animals and related regulations within Tallgrass Prairie National Preserve.

(a)(2) The following are prohibited:

(a)(3) Pets may be left unattended in the following areas, under the conditions noted:

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

(a)(5) Pet excrement must be disposed of in accordance with the following conditions:

• Pet excrement must be removed from all public use areas.

36 CFR §2.16 – HORSES and PACK ANIMALS

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

• Horses
• Mules
• Burros
• Llamas
• Alpacas

(b) The use of horses and pack animals is allowed on the following trails, routes, or areas:

• With the exception of any preserve area specified in a permit and approved by the Superintendent, all areas are closed to horses and pack animals.

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

• Horses and pack animals are authorized in Tallgrass Prairie National Preserve when used in interpretive demonstrations or for preserve operations.

36 CFR §2.21 – SMOKING

(a) The following portions of the preserve, or all or portions of buildings, structures or facilities are closed to smoking as noted:

• Smoking is prohibited in all preserve buildings.
• Smoking is prohibited within 25 feet of any historic structure.
• Smoking is prohibited in all other public preserve areas with the exception of designated smoking areas.
• During periods of high fire danger, smoking is prohibited on all National Park Service lands within Tallgrass Prairie National Preserve.

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:

• Entrance Fee Areas:
  • There are currently no entrance fees at Tallgrass Prairie National Preserve

36 CFR §2.35 –ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES

(a)(3)(i) Tallgrass Prairie National Preserve is closed to consumption of alcoholic beverages. Exceptions include:

• Picnic area.
• During permitted special events in those preserve areas and under such conditions as may be specified in a permit.

Determination Statement: The consumption of alcoholic beverages within preserve buildings is an inappropriate activity considering the historic nature of the structures and the purposes for which they are maintained.

36 CFR §2.51(e) –LOCATIONS AVAILABLE FOR PUBLIC ASSEMBLIES

The Superintendent has designated the following locations as available for public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of view. (See Appendix 1)

• The grass area northeast of the visitor center, south of the historic barbed wire fence
• Other areas on a case-by-case basis that may be deemed appropriate.

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

The Superintendent has designated the following locations as available for sale and distribution of printed matter. (See Appendix 1)

• The grass area northeast of the visitor center, south of the historic barbed wire fence

36 CFR §2.62 – MEMORIALIZATION

(b) A permit is required for the scattering of ashes from cremated human remains. Any such permit will at a minimum include the following terms and conditions:

• The remains to be scattered must have been cremated and pulverized.
• The scattering of remains by persons on the ground is to be performed only in designated areas with a special use permit obtained from the preserve.

36 CFR §4.10 – TRAVEL ON PRESERVE ROADS AND ROUTES

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

• Visitor Center / Administration area access and parking lots
• Bottomland Trail parking lot
• Fishing Access parking lot
• Maintenance area
• Designated unpaved access roads may be open to the public, with approval from Superintendent

36 CFR §4.21 – SPEED LIMITS

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

• 20 miles per hour on all preserve roads.
• 5 miles per hour on the unpaved service roads and parking lot circle.

APPENDIX 1. LOCATIONS AVAILABLE FOR: PUBLIC ASSEMBLIES AND SALE & DISTRIBUTION OF PRINTED MATTER

Site #1 Visitor Center

The 1st Amendment Area is highlighted on the map below. This ensures that individuals or groups requesting permission to conduct public assemblies or distribute printed material are informed of their rights, ensures the activity is compliant with Federal laws, regulations and policies and does not interfere with or impeded the experiences of other preserve visitors.

 

First Amendment Area shown in yellow. Area is northeast of the visitor center on the grassy lawn area south of the historic fence.

Google Maps

Map shows the area at Tallgrass Prairie National Preserve where 1st Amendment activities take place.