National Park Service Approved: A. INTRODUCTION1. Superintendent’s Compendium DescribedThe 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 park administration. 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. It may only be used where specifically provided for in a particular section of the regulations in this chapter.1 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 understand the regulations governing the use and enjoyment more fully 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 (www.gpo.gov). OR by mail request at: Superintendent of Documents P.O. Box 371954 Pittsburgh, PA 15250-7954 The CFR is also available on the Internet at: www.ecfr.gov. 2. Laws and Policies Allowing the Superintendent to Develop This CompendiumThe National Park Service (NPS) is granted broad statutory authority under Title 54 United States Code (U.S.C.) §100101(a) (formerly 16 U.S.C. 1a-1, “Organic Act”) to “….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 wildlife in the System units and to provide for the enjoyment of the scenery, natural and historic objects, and wildlife in such manner and by such means as will leave them unimpaired for the enjoyment of future generations.” In addition, Title 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.”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, 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.” 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 RequirementsThe 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 many small entities nor impose a significant cost on any local, state or tribal government or private organization, and therefore does not fall under the requirements of either the Regulatory Flexibility Act or the Unfunded Mandates Reform Act.The actions and requirements described in this Compendium are found to be categorically excluded from further compliance with the procedural requirements of the National Environmental Policy Act (NEPA) in Department of the Interior (DOI) Guidelines 516 DM 6 and as such, an Environmental Assessment will not be prepared. 4. Development of the Requirements of the Superintendent’s CompendiumAs outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in any 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:
5. Applicability of the CompendiumThe rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.6. Enforcement of Compendium RequirementsNPS Law Enforcement Park Rangers enforce the requirements of the United State Code, 36 CFR, and this Superintendent’s Compendium.7. Penalties for Not Adhering to the Compendium RequirementsA person who violates any provision of the regulations found in 36 CFR, Parts 1-7, or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger at the park address found below.8. Comments on the CompendiumThe Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time.Written comments on the Compendium may be submitted to: Theodore Roosevelt National Park Superintendent PO Box 7 Medora, ND 58645-0007 9. Effective Date of the Superintendent CompendiumThe Superintendent’s Compendium is effective on the approval date listed on the first page of this document and remains in effect until revised for a period up to one year.10. Additional InformationSome of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4Definitions. None to follow. Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 11. AvailabilityCopies of the Compendium are available at 315 2nd Avenue, Medora, ND 58601Copies may also be found at: www.nps.gov/thro B. SUPERINTENDENT’S COMPENDIUMIn 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 Theodore Roosevelt National Park. 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 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:Visiting Hours:
Determination: The highly erodible landscape and abundance of wildlife would be un-duly affected by the use of mechanical equipment off of established roadways.
Determination: Temporary closures are needed to protect human life and address safety issues.
Determination: Corralled horses, wildlife handling facilities, and longhorn steer locations are closed to the public to address human life and safety issues. Large animals of this size can cause substantial injury to visitors. Drainage and sewage lagoons present public health, sanitation, and safety issues and are closed to public entry. Scavenging in refuse containers can lead to park liabilities if individuals are harmed or injured during this activity; additionally, most of the park's large refuse containers are within gated facilities.
Determination: The unstable nature of the ground surface due to voids created by burning coal veins causes geological instability in and around the area of an active coal vein fire. Approaching or entering such areas has been determined to be unsafe due to the potential for ground collapse into an area of active fire.
Determination: The Superintendent has the authority to close any park facility or park operated site for a range of reasons including health and life safety. Closures will be announced to the public and signs will be posted reporting the closure. Operational closures may include sensitive cultural, historic, or archaeological sites, fire prescribed locations, animal reduction programs, active development of resource management plans and activities for long term management and protection.
Determination: Picnicking is allowed in most of the park, with the above exceptions. These locations are considered private residential quarters and employee workstations. Picnic areas are closed in the evening to allow for quiet times for park campers and to prevent these areas from being used as illegal camping locations.
Determination: Wildlife attractants such as calling devices can attract animals into dangerous situations such as along roadways or cause human interactions. Additionally, audio animal imitations can lure animals for illegal poaching activities. Calling devices used for park sanctioned studies of fauna are permitted.
Prohibited Activities:
Determination: Prohibited activities using flying devices or items being thrown create a disturbance to the park's natural and tranquil atmosphere and have been found to cause distress to the native wildlife, especially nesting birds, as these activities can replicate predatory animal behavior.
Unmanned Aircraft:
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, drones) that are used for any purpose, including for recreation or commerce.
Determination: Until the NPS can determine whether specific uses of unmanned aircraft are appropriate and will not cause unacceptable impacts on park resources and values, Theodore Roosevelt National Park is closed to the use of these devices. The use of unmanned aircraft within the boundaries of Theodore Roosevelt National Park has the potential to harm visitors, disturb wildlife, impact viewsheds, cause excessive noise, and interfere with other visitors' enjoyment of the area. This closure is being implemented as an interim measure while this new use can be properly evaluated. 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. (a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:Backcountry Use:All lands and waters within the boundaries of Theodore Roosevelt National Park are designated as backcountry use areas except for the following front country areas:
The following restrictions and/or conditions are in effect for the specific uses or activities noted:Disturbing Wildlife: All wildlife in the park is wild and potentially dangerous.
Determination: The superintendent has established these public use limits and regulations for public safety and the protection of wildlife. These restrictions also provide park staff with the flexibility to manage dynamic wildlife situations.
Possess, Use, and Transport of Feed and Grain:
Determination: The park staff has made great strides in removing invasive plants. With the heavy visitor use of the park’s Roundup Horse Campground, there has been great concern about the spread of noxious weeds from horse feed. Stationary feed sources within the campground can easily distribute seeds which spread to promote undesired weeds. Horses in the backcountry create additional concerns as seed can germinate from horse feces.
These backcountry locations are difficult to inventory and treat once invasive plants have taken root. However, the transporting of feed, straw, hay, and grain to locations via the major roads is allowed, as it is less likely to spread to remote locations before being identified by the Invasive Plant Management Team and treated. Firewood Restriction Due to Invasive Insects (Emerald Ash Borer):
Determination: This closure is intended to prevent or slow the introduction of invasive insects or diseases into Theodore Roosevelt National Park. The emerald ash borer (EAB) has already killed tens of millions of trees in those states that have been infested. As a result, the movement of firewood within and from infested areas is regulated by the states and the federal government. The USDA has documented that several other harmful insects can be transported in firewood. Therefore, it has been determined that this action is necessary to protect the natural resources of the park. The National Park Service strongly discourages the movement of any firewood and encourages campers to burn wood where they buy it.
Information about firewood quarantines is distributed in affected areas by states and the Federal Government via a wide variety of media. Passenger Carrying Busses and Semi Trucks:
Determination: The idling of engines adds unnecessary exhaust fumes to the air and diminishes the enjoyment by visitors of the peace and tranquility of the park, including limiting auditory ability of park visitors attending park programs.
Use of Segways and Similar Devices by Persons with Mobility Disabilities:
Determination: The park is committed to making all reasonable efforts to make its programs, facilities, and services accessible to people with disabilities. Allowing the use of Segways and motorized scooters by mobility-impaired individuals in park areas where motorized wheelchairs are allowed is part of this effort.
Use of Electric Bicycles (e-bikes):
Determination: The parks intent is to allow e-bikes to be used for transportation and recreation in a similar manner to traditional bicycles. Except on park roads and other locations where use of motor vehicles by the public is allowed, operators may only use the power provided by the electric motor to assist pedal propulsion of an e-bike.
II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMITContact the Chief Ranger for permit information and applications:Theodore Roosevelt National Park Chief Ranger PO Box 7 Medora, ND 58645-0007 (701) 623-4466 phone (701) 623-4840 fax (f) The following is a compilation of those activities for which a permit from the superintendent is required:§2.5(a) Specimen collection: Taking of plants, fishes, wildlife, rocks, or minerals§2.10(a) The following camping activities:
§2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views by groups of more than 25 people. §2.52(c) Sale or distribution of printed matter that is not solely commercial advertising by groups of more than 25 people. §5.1 Advertisements: Displaying, posting, or distributing. §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 filming, still photography, and audio recording: (a) Commercial filming and still photography activities are subject to the provisions of 43 CFR Part 5. All commercial filming requires a permit. Still photography does not require a permit unless:
III. GENERAL REGULATIONS36 CFR §2.1 - PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES(a)(4) Dead wood on the ground may be collected for use as fuel for campfires within the park in the following areas:
Up to one quart per person per day of the following fruits, berries, and mushrooms may be gathered for personal use or consumption:
Determination: Small amounts of mushrooms, fruits and berries as listed should have little effect on the resources. If conditions change or public demand increases, further restrictions to the number of items collected will be considered.
36 CFR §2.2 - WILDLIFE PROTECTION(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:
36 CFR §2.4 – WEAPONS, TRAPS, AND NETS(h) Notwithstanding any other provision in this Chapter, a person may possess, carry, and transport concealed, loaded, and operable firearms within a national park area in accordance with the laws of the state in which the national park area, or that portion thereof, is located, except as otherwise prohibited by applicable Federal law.This authority does not extend to Federal facilities within the park in accordance with 18 USC 930(a). Federal facilities within Theodore Roosevelt National Park include the following structures: South Unit:
36 CFR §2.10 – CAMPING and FOOD STORAGE(a) The sites and areas listed below have been designated for camping activities as noted. A permit system has been established for certain campgrounds or camping activities, and conditions for camping and camping activities are in effect as noted:Camping – General:
A reservation system has been established with Recreation.Gov for the odd number sites at Cottonwood Campground. The even numbered sites at Cottonwood Campground and all sites at Juniper Campground are first come first served. Registration and fee payment must be completed within 30 minutes of occupying a campsite. Campsite occupancy is not recognized unless the required camping fee has been paid and the registration properly posted.
A reservation system has been established with Recreation.Gov for Cottonwood and Juniper Group Campsites allowing for reservations to be requested for the same calendar year beginning on the first business day of March. The following differences apply for the Frontcountry Group Campsites:
A reservation system has been established with Recreation.Gov for the campground allowing for reservations to be requested for the same calendar year beginning on the first business day of March.
Camping is permitted in wilderness and backcountry areas of the park.
36 CFR §2.11 – PICNICKINGCertain areas have been closed to picnicking and are listed in section 1.5(a)(1) “Closures”.36 CFR 2.13 – FIRES(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas and/or receptacles, and under the conditions noted. Administrative fire activities sanctioned by the NPS are exempt from these restrictions:Designated Areas:
During periods of Very High fire danger, Extreme fire danger, or when Red Flag Warnings exist, fires will be prohibited as follows:
36 CFR §2.14 – SANITATION and REFUSE(b) Conditions for the disposal, containerization, or carryout of human body waste have been established as follows:
36 CFR §2.15 – PETS(a)(1) The following structures and/or areas are closed to the possession of pets:
36 CFR §2.16 – HORSES and PACK ANIMALS(a) The following animals are designated as pack animals for purposes of transporting equipment:
36 CFR §2.18 – SNOWMOBILES(c) Snowmobiles may be operated only on routes designated in section 36 CFR 7.5436 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICESThe use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the following areas:
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:
36 CFR §2.22 – PROPERTY(a)(2) Property may be left unattended for periods longer than 24 hours in the following areas and under the following conditions:
36 CFR §2.23 – RECREATION FEES(a) 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:
36 CFR §2.35 – ALCOHOLIC BEVERAGES and CONTROLLED SUBSTANCES(a)(3)(i) The following public use areas, portions of public use areas, and/or public facilities within the park are closed to consumption of alcoholic beverages, and/or to the possession of a bottle, can or other receptacle containing an alcoholic beverage that is open, or has been opened, or whose seal has been broken or the contents of which have been partially removed:
36 CFR §2.38 – EXPLOSIVES(b) Fireworks and firecrackers may be possessed and/or used in the following areas, under the conditions noted:
36 CFR §4.21 – SPEED LIMITS(b) The following speed limits are established for the routes/roads indicated:
36 CFR §4.30 – BICYCLESThe following restrictions apply to bicycle use within Theodore Roosevelt National Park:
36 CFR §7.54 SPECIAL REGULATIONS – SNOWMOBILES(a)(1) Designated routes open to snowmobile use are the portions of the Little Missouri River which contains the main river channel as it passes through both units of Theodore Roosevelt National Park. Ingress and egress to and from the designated route must be made from outside the boundaries of the park. There are no designated access points to the route within the park.AREAS DESIGNATED FOR DEMONSTRATIONS AND/OR THE SALE OR DISTRIBUTION OF PRINTED MATTER, SOUTH UNIT, MEDORA36 CFR §2.51 – DEMONSTRATIONS(c)(2) The following areas are designated for demonstrations:
36 CFR §2.52 – SALE OR DISTRIBUTION OF PRINTED MATTERThe following area is designated for the sale or distribution of printed matter:
![]() AREAS DESIGNATED FOR DEMONSTRATIONS AND/OR THE SALE OR DISTRIBUTION OF PRINTED MATTER, SOUTH UNIT, PAINTED CANYON36 CFR §2.51 – DEMONSTRATIONS(c)(2) The following areas are designated for demonstrations:
36 CFR §2.52 – SALE OR DISTRIBUTION OF PRINTED MATTERThe following area is designated for the sale or distribution of printed matter:
![]() AREAS DESIGNATED FOR DEMONSTRATIONS AND/OR THE SALE OR DISTRIBUTION OF PRINTED MATTER, NORTH UNIT36 CFR §2.51 – DEMONSTRATIONS(c)(2) The following areas are designated for demonstrations:
36 CFR §2.52 – SALE OR DISTRIBUTION OF PRINTED MATTERThe following area is designated for the sale or distribution of printed matter:
![]() NOTE ON CLOSED CIRCUIT TELEVISION USE IN THE PARKIn accordance with National Park Service (NPS) Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Theodore Roosevelt National Park uses Closed Circuit Television (CCTV) security camera monitoring.The NPS’s use of CCTV for law enforcement and security purposes and will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist activity; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals. This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities, revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer worn recording devices used by commissioned rangers. Operation of CCTV cameras will be in accordance with NPS and Department policy. No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views. Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.
130254 Federal Register/Vol. 48, No. 127/Thursday, June 30, 1983/Rules and Regulations
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Last updated: June 1, 2023