Superintendent's Compendium

Please Note

Compendium only applies to the Segregation Center portion of the Monument. The Peninsula and Camp Tulelake are administered by the U.S. Fish and Wildlife Service in accordance with U.S. Fish and Wildlife regulations.

 

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.

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 United States Code, Section 100751, the following regulatory provisions are established for the proper management, protection, government and public use of those portions of Tule Lake National Monument under the jurisdiction of the National Park Service. 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.

Approved by: Chris Mengel, Superintendent

 

I. 36 CFR §1.5 –Visiting Hours, Public Use Limits, Closures, and Area Designations for Specific Use

(a)(1) The 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:

Public Use Limits:

Property

Leaving property unattended for any period of time requires a permit.
Leaving unknown property unattended in the park area threatens public safety, the environmental and scenic values of the park, the natural and cultural resources of the park, and the orderly management of the park. Visitors seeking to leave property unattended within the park must obtain a permit from the Superintendent.

Facilities

Tours of the jail at the Segregation Center will only be given to groups of 10 people at one time a or less.

Determination: The historic building is a small area and allowing more people in the building would threaten public safety, the historic and cultural resources of the park, and the orderly management of the park.

 

 

Closures:

Park Facilities

All NPS lands within Tule Lake National Monument, to include the Segregation Center area near Newell, are closed to all public access unless accompanied by an NPS employee or when the visitor contact station at the Segregation Center is open to the public, visitors may access this building and associated parking area during the hours it is open. 

Determination: Monument facilities have not yet been developed to provide safe access to unaccompanied visitors. This closure is necessary for visitor safety and to protect the sensitive resources located in these areas.

The following areas and facilities are closed to public use:

• Administrative Areas
• Maintenance Areas
• Utility and Storage Facilities
• Access and Service Roads
• Outbuildings
• Water Treatment Facilities
• Grounds and Other Facilities not Designated for Visitor Use

For the purposes of this compendium, administrative areas are defined as government owned buildings (or portions thereof) containing offices, meeting rooms, residences, maintenance equipment, storage space, or other areas not normally open to the public. This closure shall not apply to persons engaged in legitimate government activities, permitted business, or cooperator activities. 

Determination: This determination is necessary for the safety and security of federal employees, as well as the protection of property and sensitive information. 

Except for facilities designated for visitor use, all buildings are closed to unauthorized entry. This shall not apply to persons who have been granted specific permission by the NPS or another authorized Federal, state, or municipal agency, their representatives, or those who are under escort of park employees acting within the scope of employment.  

Determination: In order to provide security for government facilities and protect vital utility services for which visitors have no need to access, these limits will address vandalism and theft issues. 
 

Picnicking is allowed in the vicinity of the Visitor Contact Station when the Segregation Center is open to the public. All other areas are closed to picnicking. 

Determination: This closure is necessary for visitor safety and to protect the sensitive resources located in these areas. When facility is open (visitor contact station) picnicking is allowed. 

Natural Resources

No unauthorized person or persons may enter a designated and signed management ignited prescribed fire area for 24 hours proceeding, or during active fire operations. 

Determination: This determination is made to protect visitors and staff during periods of active burning. 

 

 

Conditions and Restrictions on Specific Uses or Activities:

Hiking and Pedestrian Use

Hiking and pedestrian use within the Segregation Center is restricted to the pathways identified by signs or by an NPS employee. Leaving these pathways or identified routes is prohibited. 

Determination: Restricting hikers and pedestrians to the identified pathways is necessary to limit impact to natural, historical, and other significant resources in these areas, to minimize development of social trails, and for visitor and employee safety.

Unmanned Aircraft

Launching, landing, or operating an uncrewed or remotely piloted aircraft from or on lands and waters administered by the National Park Service within the boundaries of Tule Lake National Monument is prohibited except as approved in writing by the superintendent.

The term "unmenned 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 a camera, 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: The use of unmanned aircraft potentially presents unacceptable risks to visitors (collisions between unmanned aircraft and visitors, the uncontrolled fall of unmanned aircraft, contact with spinning propellers or rotors of unmanned aircraft). The use of unmanned aircraft adversely impacts visitor experiences by negatively affecting scenic and natural sound opportunities, and by potentially interfering with wildlife. Additionally, the unregulated use of unmanned aircraft would potentially violate several other regulations in Title 36 of the Code of Federal Regulations, including §2.2 Frightening Wildlife, §2.12 - Creating an Audio disturbance, §2.17 - Delivering or Retrieving an Object by Airborne Means, §2.34 - Making Unreasonable Noise, §2.34 - Creating or Maintaining a Hazardous Condition, and §5.13 - Creating or Maintaining a Nuisance.

Motorized Vehicles

E-bikes: 

The term "e-bike" means a two- or three-whelled cycle with fully operable pedals and an electric motor of less than 750 watts (1 h.p.). E-bikes are allowed in accordance with the provisions of 36 CFR Part 4. E-bikes are allowed on park roads, parking areas, and trails that are open to traditional bicucles. E-bikes are prohibited where tradtional bicycles are prohiboted under 36 CFR 4.30. 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 (h)(2)-(5).

Except as specified in this Compendium, the use of an e-bike iwthin Tule Lake National Monument is governed by State law, which is adopted and made part of this Compendium. Any violation of State law adopted by this paragraph is prohibited. 

Other Power-Driven Mobility Devices (OPDMDs):

OPDMDs are defined under the Americans with Disabilities Act as “any mobility device powered by batteries, fuel, or other engines…that is used by individuals with mobility disabilities for the purpose of locomotion…or any mobility device designed to be operated in areas without defined pedestrian routes, but that is not a wheelchair.”  28 CFR §35.104.  When used by persons with disabilities, the NPS considers e-bikes to be OPDMDs.  Only individuals with disabilities may use OPDMDs in the park.  

• OPDMDs may be used under the following conditions:
  • Operators must be 16 years or older.
  • The OPDMD users must yield to pedestrians.
  • The OPDMD speeds may not exceed 5 mph.
  • The OPDMD is no greater than 36 inches in width at its widest point.
  • The OPDMD must be a zero-emissions vehicle.

 

• OPDMDs must be equipped with the following safety mechanisms:
  • Front, rear, and side reflectors

  • A sound emitting device that can be activated by the operator to alert nearby persons, as appropriate

  • A lamp emitting a white light that is visible from 300 feet in front of the OPDMD while it is in motion if operating it between half an hour after sunset to half an hour before sunrise

  • A system that enables the operator to bring the device to a controlled stop

Determination: These restrictions are necessary for visitor safety and the safety of those operating OPDMDs.  The use of OPDMDs by able bodied persons is prohibited in the park because they meet the definition of a motor vehicle, and off-road travel is prohibited, the only exception being those individuals who meet the criteria of a disabled person as defined by the ADA.

 

36 CFR §1.6 -Activities that Require a Permit

(f) The following activities are prohibited except under the terms of a valid permit from the Superintendent. Permits must be obtained in advance and in writing from Monument Headquarters during regular business hours or via mail addressed to Superintendent, Tule Lake National Monument, P.O. Box 1240, Tulelake, CA 96134-8216.

§2.4(e) Carry or Possess a Weapon, Trap, or Net

Possesion of weapons, traps, and nets require a permit. This excludes firearms carried in accordance with Federal or California State Law.

§2.5(a) Specimen Collection

Permit is required for all specimen collection: taking plants, fish, wildlife, rocks or minerals.

§2.10(a) Camping in Vehicle-Accessible Campground

Camping in vehicle-accessible campgrounds requires a permit.

§2.12 Audio Disturbances

The following potential audio disturbances require a permit:

•  (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

§2.17 Aircraft & Air Delivery

The following require a permit: 

•  (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 Goods and Services

Soliciting or demanding gifts, money goods or services of any kind requires a permit.

§2.38 Explosives

The following require a permit:

•  Use, possess, store, transport explosives, blasting agents

•  Use or possess fireworks

§2.50(a) Events

Conducting a sports event, pageant, public spectator attraction, entertainment, ceremony, and similar events all require a permit.

§2.51(b) Public Assemblies and Meetings

Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views require a permit when the activity involves more than 25 people.

§2.52 Sale or Distribution of Printed Matter

Sale or distribution of printed matter that is not solely commercial advertising requires a permit.

§2.60(b) Livestock Use

Livestock use of any kind requires a permit.

§2.61(a) Residing on Federal Lands 

Residing on federal lands requires a permit.

§2.62 Memorialization

The following require a permit: 

•  Erection of monuments (Requires approval from Regional Director)

• Scattering ashes from human cremation outside of designated areas

§3.12(b) Airborne Devices

Towing a person using a parasail, hang glider, or other airborne device requires a permit.

§3.14(a) Removal of Vessels

Removing a sunken, grounded, or disabled vessels requires a permit. 

§3.19 Operating Vessels

Operating a submersible of any kind requires a permit. 

§5.1 Advertisements

Displaying, posting, and distribution of advertisments requires a permit.

§5.3 Soliciting Business

Engaging in or soliciting any business requires a permit.

§5.5 Commercial Photography and Filming

Commercial photography or filming requires a permit. 

§5.6(c) Commercial Vehicles

Use of commercial vehicles on park area roads requires a permit (The superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available).

§5.7 Construction

Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc. requires a permit.

§6.9(a) Solid Waste Disposal

Operation of a solid waste disposal site requires a permit.

 

III. 36 CFR §2 - §4 – General Regulations

§2.1 Preservation of Natural, Cultural, and Archeological Resources

(a)(4) No wood collection is permitted within Tule Lake National Monument. 

Determination: Given that there are no areas within the park where visitors can have a campfire, no wood may be collected.

a)(5) Walking on, climbing, entering, ascending, descending, or traversing an archeological or cultural resource, monument, or statute is prohibited, except in the following areas and/or under the following conditions:

• No areas designated.

Determination: This restriction is necessary to protect the sensitive cultural and historical resources within the park.

(b) Hiking or pedestrian traffic is restricted to the trail(s) or walkway(s) listed in 36 CFR §1.5 of this document.

Under, §2.1(a) collecting natural materials from the park is generally prohibited. However, pursuant to §2.1(c), the following fruits, nuts, berries or unoccupied seashells may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and/or possession and consumption restrictions:

• No fruits, nuts, berries, or unoccupied seashells may be gathered.

Determination: No fruits, nuts, berries, or unoccupied seashells are found on lands within the Tule Lake National Monument.

§2.2 Wildlife Protection

(d) The transporting of lawfully taken wildlife through the park is permitted under the following conditions and procedures:

• There are no conditions and procedures to allow legally taken wildlife to be transported through the Monument. Transportation of wildlife is prohibited.

Determination: There are no roads or corridors to transport lawfully taken wildlife through the monument.

(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:

• Use of artificial light for locating or viewing wildlife in the monument is prohibited.

Determination: This closure is to prevent impact to wildlife in its natural settings. Night vision devices are not artificial lights; however, infrared lighting/beams are considered artificial lights and are included in the prohibition.

§2.4 Weapons, Traps, and Nets

(a)(2)(i) Weapons, traps, or nets may only be carried, possessed or used at the following designated times and locations:

There are no designated times and locations. Traps and nets are prohibited. Weapons are prohibited except in accordance with California State laws when not prohibited by other applicable Federal laws or in accordance with a valid park research permit, law enforcement officers, agents, or cooperating officials for official duty.

(b)(2)(ii) No facilities or locations are designated for target practice. Target shooting remains prohibited throughout Tule Lake National Monument.

Determination: No locations appropriate for target shooting have been established and is inconsistent with the mission of the park.

(h) In accordance with Section 512 of Public Law 111-24, persons possessing firearms within Tule Lake National Monument must comply with the firearms laws of the State of California and any applicable Federal Law. Within the park, the following buildings are designated as "federal facilities" and shall be signed to indicate that firearms are prohibited inside these buildings in accordance with 18 USC 930:

• The Visitor Center.

• All restrooms.

• The Jail

• All other park administration buildings where Federal employees are regularly present for the purpose of performing official duties.

Determining Factors: Federal facilities are buildings or parts thereof owned or leased by theFederal Government, where Federal employees are regularly present for the purpose of performing official duties. 18 USC 930 is Federal law that supersedes Section 512 of Public Law111-24 and prohibits the possession of a firearm or other dangerous weapon in a Federal facility unless specifically authorized.

§2.10 Camping and Food Storage

(a) The sites and areas listed below have been designated for camping activities. A permit system has been established for Indian Well campground. The following conditions pertain to all camping activities within the Monument as noted:

• Camping is not permitted within the Monument.

Determination: No areas or facilities exist for camping within the Monument. This restriction is necessary for the health and safety of visitors, protection of the environmental and scenic values, protection of natural resources, and equitable use of facilities and avoidance of conflict among visitor use activities.

§2.11 Picnicking

Picnicking is allowed in the vicinity of the Visitor Contact Station when the Segregation Center is open to the public. All other areas are closed to picnicking.

Determination: This closure is necessary for visitor safety and to protect the sensitive resources located in these areas. When facility is open (visitor contact station) picnicking is allowed.

§2.13 Fires

(a)(1) The lighting or maintaining of fires is generally prohibited, except as provided for in the following designated areas or receptacles, and under the conditions noted:

Designated Areas:

• No areas designated

Determination: The lighting or maintaining of fires is prohibited on all Monument lands to reduce the chance of wildland fire, which can quickly spread to contiguous state and private lands. They also serve to protect the natural and cultural resources of the park.

§2.15 Pets

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

• Pets are prohibited within all structures and any fenced areas of the Monument, except for properly restrained pets within the designated parking areas at the Segregation Center.

Determination: These restrictions are necessary to ensure pets do not harass wildlife or disturb park visitors and for the protection of sensitive cultural and historical resources located in these areas.

(a)(3) Pets may be left tied to an object under the following conditions:

• Pets may not be left unattended and tied to an object anywhere within the Monument.

Determination: These requirements are intended to ensure pets do not harass wildlife or disturb park visitors and to ensure pets are properly cared for in the park.

(a)(5) Pet waste must be immediately picked up and properly disposed of in a waste container by the person responsible for the pet.

Determination: Excrement must be removed to prevent health hazards and to lessen negative impacts on wildlife.

§2.16 Horses and Pack Animals

(a) The use of animals other than those designated as “pack animals” for purposes of transporting equipment is prohibited. The following animals are designated as pack animals for purposes of transporting equipment:

• No animals designated.

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

• Horses or pack animals are not permitted on lands within the Monument.

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

• No conditions identified.

Determination: These restrictions are necessary for the protection of the health and safety of visitors, the environmental and scenic values for which the area was established, and the natural and historical resources found within the Monument. In addition, given the small area of land Monument encompasses, it is necessary to ensure the equitable use of facilities and avoidance of conflict among visitor use activities.

§2.18 Snowmobiles

The use of snowmobiles is prohibited. There are no designated routes.

§2.19 Winter Activities

There are no special designations. Winter activities as listed in this section remain prohibited on all park roads and parking areas open to motor vehicle traffic.

§2.20 Skating, Skateboards and Similar Devices

The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices is prohibited, except in the following designated areas:

• No areas designated.

Determination: Given the limited area that potentially will be open to visitor access, use of these devices are not practical.

§2.21 Smoking

(a) Smoking is prohibited:

• Within all government owned, leased, or administered buildings or vehicles.

• Within 25 feet of an exit, entrance, or operable window of a government owned, leased, or administered building.

Additional smoking restrictions may apply during periods of very high or extreme fire danger as defined in the Monument’s Fire Management Plan.

Determination: The purpose of these restrictions is to protect park resources, reduce the risk of fire, and prevent conflicts among visitor use activities. Electronic cigarettes, or e-cigs, are included in the above restrictions.

§2.22 Property

(a)(2) Leaving property unattended for longer than 24 hours is prohibited, except in the following locations or under the following conditions:

• No conditions identified. Property may not be left unattended for any period of time.

Determination: Unattended property is inconsistent with the orderly management of park areas and may present a threat to resources and the safety of visitors.

§2.23 Recreation Fees

(b) Recreation fees and/or permits, in accordance with 36 CFR part 71, are established for the following 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:

• No entrance fees, daily site use fee, or special recreation permit are established.

§2.35 Alcoholic Beverages and Controlled Substances

(a)(3)(i) The consumption of alcoholic beverages, and possession of open alcoholic beverage containers is prohibited within all park caves and government-owned buildings, except residences, unless specifically authorized.

Determination: The consumption of alcoholic beverages in the specified locations is contrary to the purpose for which they were established and maintained and is contrary to the interest of public safety for the visiting and traveling public.

§2.38 Explosives

(b) Using, or possessing fireworks and firecrackers is prohibited, except pursuant to the terms and conditions of a permit or in designated areas under the following conditions:

• No areas designated.

Determination: No areas were designated in order to protect the sensitive cultural and historical resources and ensure visitor safety.

§2.51 Demonstrations

(b)(1) Demonstrations involving 25 persons or fewer may be held without a permit in the following designated park areas within the provisions of 36CFR §2.51.

• West of the Visitor Contact Station adjacent to the visitor center parking lot (see Appendix A).

§2.52 Sale or Distribution of Printed Matter

(b)(1) Sale or distribution activity involving 25 persons or fewer may be conducted without a permit in the following designated park areas within the provisions of 36CFR §2.52.

• West of the Visitor Contact Station adjacent to the visitor center parking lot (See Appendix A).

§2.62 Memorialization

(a) The installation of a monument, memorial, tablet, structure, or other commemorative installation in a park area without the authorization of the Director is prohibited.

(b) The scattering of human ashes is prohibited except pursuant to the terms and conditions of a permit, or in areas designated by the Superintendent.

• No areas designated

§4.10 Routes or Areas Designated for Off Road Motor Vehicle Use

(a) Off road motor vehicle use is prohibited. No routes or areas designated.

§4.30 Bicycle Use

(a) The use of a bicycle is prohibited except on park roads, in parking areas, and on routes designated for bicycle use.

 

Appendix A: 1st Amendment Area Map