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 War in the Pacific National Historical 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:
- Visiting hours for certain facilities have been established for War in the Pacific National Historical Park. All current designations are posted on the park's website:
Determining Factor(s): This facility is closed during three federal holidays when park staff are not on duty.
- All Outdoors Areas are open 24-hours a day, year-round.
Public Use Limits:
- T. Stell Newman Visitor Center Theater: for events not sponsored by the National Park Service, a reservation/permit system has been established and will require an approved Special Use Permit Authorization.
Determining Factor(s): This area receives a great deal of use and reservations are needed to reduce visitor conflict, monitor impacts on the resources, as well as to maintain the orderly management of the park.
- T. Stell Newman Visitor Center Theater: will be limited to 55 spectators.
Determining Factor(s): Seating Capacity
- In order to manage large groups properly and efficiently within the park, a reservation/permit system has been established for groups larger than 100 participants.
Determining Factor(s): These areas receive a great deal of use and reservations are needed to reduce visitor conflict, monitor, and control the impacts on the resources, and provide for the orderly management of the park.
Filming:
The following types of filming activities may occur in areas open to the public without a permit and without advance notice to the NPS:
- Outdoor filming activities, outside of areas managed as wilderness, involving five persons or less and equipment that will be carried at all times, except for small tripods used to hold cameras.
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 if necessary to:
- maintain public health and safety
- protect environmental or scenic values
- protect natural or cultural resources
- allow for equitable allocation and use of facilities; or
- avoid conflict among visitor use activities
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 for 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 first day of production, the proposed filming activities may occur without a permit.
- The following are prohibited:
- Engaging in a filming activity without providing advance notice to the Superintendent when required.
- Violating a term and condition of a permit issued under this action.
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.
Closures:
- Administrative Order #21-02. (See Attachment)
- Administrative Order #21-03. (See Attachment)
Determining Factor(s): The NPS issued this administrative order for the purposes of maintaining public health and safety during the COVID-19 pandemic emergency.
- Any areas of the park, which are temporarily closed by the Superintendent’s Order during an emergency pursuant to 36 CFR §1.5.
- The use of “wheeled” modes of conveyance: bicycles (road, mountain, e-bike), skateboards, scooters, roller skates, in-line skates, and similar devices, are restricted to the use of the concrete pathways and sidewalks. These devices are prohibited from use in and on the following areas:
- Park Headquarters
- T. Stell Newman Visitor Center
- Maintenance Shop
- Asan Bay Overlook
- Piti Guns Unit
- Government Buildings
- Historic Structures Memorial Structures
- Other areas as needed when a large public event has been permitted and such use may cause conflicts
The term “e-bike” means a two- or three-wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 hp).E-bikes are allowed in War in the Pacific NHP 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, and4.30(h) (2)-(5).
Except as specified in this Compendium, the use of an e-bike within War in the Pacific NHP 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.
Determining Factor(s): The superintendent has determined that the use of wheeled modes of conveyance within those park areas is inconsistent with the mission of the park and other visitor pursuits, and is further prohibited to protect the fragile resources of the park, ensure visitor safety, and not to impede the peace and tranquility of these areas.
- The operation of off-road vehicles, commonly known as All-Terrain Vehicles (ATVs) or Off Highway Vehicles (OHVs), is prohibited. “Off road motor vehicle” is defined by Executive Order Number 11644 (37 Federal Register 2887.) Off road motor vehicles may be allowed for administrative purposes, such as fire control, search and rescue, law enforcement, resource management activities, and maintenance when approved by the superintendent.
Determining Factor(s): The superintendent has determined that the use of off-road motor vehicles within the park is inconsistent with the mission of the park and other visitor pursuits and is further prohibited to protect the fragile resources of the park and ensure visitor safety.
- Operating a power driven or sailing vessel within 500 feet of a shoreline is prohibited at the following areas:
- Asan Beach Unit
- Asan Point Adelup Point
- Agat Unit
- Apaca Point Ga’an Point
Determining factor(s): The use of motorized boats or sailing vessels could adversely impact and possible damage the fragile coral reef systems and marine life habitats.
- The following areas are closed to public entry:
- Maintenance Shop
- All Service Roads
Determining Factor(s): These closures are in place in order to protect government equipment, and to protect the public from hazards.
- Camping is prohibited in all areas of the park.
Determining Factor(s): These closures are in place in order to protect government equipment, to protect the public water supply, and to protect the public from hazards.
- Glass Containers are prohibited in all areas of the park.
Determining Factors: This restriction is necessary for the protection of visitors who frequent these areas in bare feet as glass containers have the potential to break causing an unsafe environment.
- Ground Fires are prohibited in all areas of the park.
Determining Factors: Fires may pose a threat to the park visitors, park facilities and surrounding private property.
- All trails, sidewalks, picnic sites, beaches and unimproved areas are closed to motor vehicles with the following exceptions:
- Emergency Response (Police, Fire and EMS)
Park roads and parking areas may be temporarily closed during special events. Authorized access by a Special Use Permit and NPS staff supervision.
Determining Factor(s): These restrictions are necessary to protect the park visitors who frequent these areas on foot.
- The entire park is closed to the playing of sporting activities (games or practices) by teams in organized sports leagues.
Determining Factor(s): These activities are prohibited to protect the resources, ensure visitor safety, and not impede the peace, tranquility, and commemorative nature of the park.
- Overnight Parking (vehicles and trailers) is prohibited in all areas of the park. The only exception for leaving a vehicle or trailer, overnight, would be for emergency repairs only that could not be completed safely in one day.
Determining Factors: Leaving property unattended in the park 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.
- Picnicking in the following areas is prohibited:
- T. Stell Newman Visitor Center
- Asan Bay Overlook
- Piti Guns Unit Government Buildings
- Historic Structures
- Memorial Structures
- Other areas as needed when a large public event has been permitted and such use may cause conflicts
Determining Factor(s): Due to the large number of visitors and intended uses, picnicking in these areas diminishes the enjoyment by park visitors of the aesthetic, scenic, cultural values. These areas are identified by a yellow circle or yellow square on the attached Superintendents Compendium Reference Map.
(a)(2) The following areas have been designated for a specific use or activity, under the conditions and/or restrictions as noted:
- In order to manage large groups properly and efficiently within the park, a reservation/permit system has been established for groups larger than 100 participants in the following areas:
- T. Stell Newman Visitor Center
- Asan Beach Unit
- Asan Inland Unit
- Agat Unit
- Apaca Point Ga’an Point
- Mt Alifan Unit
- Mt Chachao/Mt Tenjo Unit
- Fonte Plateau Unit
- In order to manage large groups properly and efficiently within the park, a reservation/permit system has been established for groups larger than 50 participants in the following areas:
- Asan Bay Overlook
- Piti Guns Unit
Determining Factor(s): These areas receive a great deal of use and reservations are needed to reduce visitor conflict, monitor, and control the impacts on the resources, and provide for the orderly management of the park.
The following restrictions and/or conditions are in effect for the specific uses or activities noted:
- Idling Vehicles: All vehicles must shut down their engines when not underway.
- First Responders (Police, Fire and EMS) vehicles are exempt when in-service.
Determining Factor(s): 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. Due to the nature of the service provided by first responders, they are excluded from the requirement.
Launching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of War in the Pacific National Historical Park is prohibited except as approved in writing by the Superintendent.
Definition: Unmanned Aircraft (UA) - 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.
Determining Factor(s): The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within War in the Pacific National Historical Park will conflict with, or impact, a variety of park uses including visitor experience, and could produce unreasonable noise and impacts to the view shed that will adversely affect the park's natural, aesthetic, scenic and cultural value. In addition, UA’s may cause an unintentional disturbance of wildlife nesting, breeding or other activities.
(a)(3) The following restrictions, limits, closures, designations, conditions, or visiting hour restrictions imposed under §§(a)(1) or (2) have been terminated:
- Closure Order #20-01.
- Closure Order #20-02.
- Closure Order #20-03
- Administrative Order #21-01.
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:
- All events not sponsored by the National Park Service
- All groups larger than 100 participants park wide with the following exception that all groups larger than 50 participants at Asan Bay Overlook and Piti Guns Unit require a permit.
§2.4(e) Carry or possess a weapon, trap, or net (excluding legal firearms)
(e) (1) When necessary to support research activities conducted in accordance with §2.5.
§2.5(a) Research Specimen collection
(a)Taking plants, fish, wildlife, rocks, or minerals except in accordance with other regulations of this chapter or pursuant to the terms and conditions of a specimen collection permit, is prohibited.
§2.12(a) Audio Disturbances:
(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 Noncommercial Soliciting
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)
§2.50(a) Special Events
Pageants, public spectator attractions, entertainments, ceremonies, and similar events are allowed: Provided, however, There is a meaningful association between the park area and the events, and the observance contributes to visitor understanding of the significance of the park area, and a permit therefor has been issued by the superintendent.
§2.51(a) Demonstrations and designated available park areas
Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views
§2.52 Sale of printed matter and the distribution of printed matter and other message- bearing items.
Printed matter and other message-bearing items. The term “printed matter” means message- bearing textual printed material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising. The term “other message-bearing items” means a message-bearing item that is not “printed matter” and is not solely commercial advertising. Other message-bearing items include but are not limited to: Readable electronic media such as CDs, DVDs, and flash drives; clothing and accessories such as hats and key chains; buttons; pins; and bumper stickers.
(b) The sale or distribution of printed matter, and the free distribution of other message-bearing items without asking for or demanding payment or donation, is allowed within park areas if it occurs in an area designated as available under §2.51(c)(2) and when the superintendent has issued a permit for the activity.
§5.1 Advertisements - (Display, posting or distribution.)Commercial notices or advertisements shall not be displayed, posted, or distributed on federally owned or controlled lands within a park area unless prior written permission has been given by the Superintendent. Such permission may be granted only if the notice or advertisement is of goods, services, or facilities available within the park area and such notices and advertisements are found by the Superintendent to be desirable and necessary for the convenience and guidance of the public.
§5.3 Engaging in or soliciting any business in park areas, except in accordance with the provisions of a permit, contract, or other written agreement with the United States, except as such may be specifically authorized under special regulations applicable to a park area, is prohibited.
§5.5 Still Photography and Audio Recording:Still photography activities are subject to the provisions of 43 CFR Part 5, subpart A. Failure to comply with any provision of 43 CFR Part 5 is a violation of this section.
- Still photography does not require a permit unless:
- It uses a model, set, or prop as defined in § 5.12; or
- The agency determines a permit is necessary because:
- It takes place at a location where or when members of the public are not allowed; or
- The agency would incur costs for providing on-site management and oversight to protect agency resources or minimize visitor use conflicts.
- Visitors do not require a permit for still photography activities unless the still photography activity involves one of the criteria listed in § 5.2 (b).
§5.6 Commercial Vehicles
(b) The use of government roads within park areas by commercial vehicles, when such use is in no way connected with the operation of the park area, is prohibited.
§5.7 Construction of buildings or other facilities.Constructing or attempting to construct a building, or other structure, boat dock, road, trail, path, or other way, telephone line, telegraph line, power line, or any other private or public utility, upon, across, over, through or under any park areas, except in accordance with the provisions of a valid permit, contract, or other written agreement with the United States, is prohibited.
III. GENERAL REGULATIONS
36 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 fires in grills within the park in the following areas:
- Asan Beach Unit Agat Unit
- Apaca Point Ga’an Point
(a)(5) The following conditions are in effect for walking, climbing, entering, ascending, or traversing archeological or cultural resources, monuments, or statues:
- Visitors must stay on designated pathways
(c)(1), (c)(2) 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 use or consumption restrictions:
- Unoccupied seashells: up to ten (10) may be collected per person per day
- Breadfruit: which have fallen naturally on the ground may be collected for personal use
- Mangos: which have fallen naturally on the ground may be collected for personal use
- Coconuts: which have fallen naturally on the ground may be collected for personal use
- Iba Tree Fruits: which has fallen naturally on the ground may be collected for personal use
- Bananas: may be collected for personal consumption without causing damage to the plant when removing the bananas
- Noni: which have fallen naturally on the ground may be collected for personal use
- Papayas: which have fallen naturally on the ground may be collected for personal use
- Soursop: which have fallen naturally on the ground may be collected for personal use
- Pacific Almonds: which have fallen naturally on the ground may be collected for personal use.
Determining Factor(s): Limited consumption of these resources does not adversely affect the reproduction of either plants or the wildlife food source. If future monitoring indicates that such gathering or consumption is likely to cause adverse effects to park resources, then the authorization of this consumptive use will be terminated. Use of these items for any purpose other than personal consumption is specifically prohibited.
36 CFR §2.2 - WILDLIFE PROTECTION(e) The following areas are closed to the viewing of wildlife with the use of an artificial light:
- All areas of War in the Pacific NHP
36 CFR §2.3 – FISHING
Fishing shall be in accordance with the laws and regulations of the Guam.
36 CFR §2.4 – WEAPONS, TRAPS, AND NETS
(a)(2)(i) Weapons (excluding legal firearms), traps, or nets may only be carried, possessed, or used at the following designated times and locations:
- Asan Beach Unit
- Agat Unit
- Apaca Point Ga’an Point
36 CFR §2.10 – CAMPING is prohibited.
36 CFR §2.11 – PICNICKING
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:
- Designated Areas:
- Asan Beach Unit
- Agat Unit
- Receptacles Allowed:
- Government furnished grills
- Visitor provided containerized grill or stove
- Ground Fires are prohibited
- Established Conditions for Fires:
- Fires will not be left unattended
(b) Fires must be extinguished according to the following conditions:o All fires must be rendered completely out, by dowsing with water. Coals and ashes must be removed from the park. Dumping/scattering these items on the ground or in a trash can is prohibited
36 CFR §2.14 – SANITATION and REFUSE(a)(2) The use of government refuse receptacles or facilities for dumping household, commercial or industrial refuse, brought as such from private or municipal property is prohibited.
(b) Conditions for the disposal, containerization, or carryout of human body waste have been established as follows:
- All disposal of human body waste is limited to utilizing the public restrooms that are available at the following locations:
- T. Stell Newman Visitor Center during normal operating hours
- Asan Beach Unit
- Agat Unit
- Betel Nut chewing in the following areas is strictly prohibited:
- Park Headquarters
- T. Stell Newman Visitor Center
- Asan Bay Overlook
- Piti Guns Unit
- Historic Structures
- Memorial Structures
- Government Buildings
- Other areas as needed when a large public event has been permitted and such use may cause conflicts
36 CFR §2.15 – PETS
(a)(1) The following structures and/or areas are closed to the possession of pets:
- Park Headquarters
- T. Stell Newman Visitor Center
- Historic Structures
- Memorial Structures
- Government Buildings
- Other areas as needed when a large public event has been permitted and such use may cause conflicts
(2) Pets must always be confined in one of the following methods:Crate, Cage, or Restrained on a leash which shall not exceed six (6) feet in length(a)(3) Pets left unattended and tied to an object is prohibited(a)(5) Pet excrement must be disposed of in accordance with the following conditions:
- Removed from the park by the pet’s owner.
36 CFR §2.17 – AIRCRAFT and AIR DELIVERY(a)(1) Operating or using aircraft on lands or waters other than at locations designated pursuant to special regulations is prohibited.(b) The provisions of this section, other than paragraph (c) of this section, shall not be applicable to official business of the Federal government, or emergency rescues in accordance with the directions of the superintendent, or to landings due to circumstances beyond the control of the operator.
(c)(1) The removal of a downed aircraft, components, or parts thereof is subject to procedures established by the Superintendent through written authorization.
36 CFR §2.20 – SKATING, SKATEBOARDS and SIMILAR DEVICES
The use of roller skates, skateboards, roller skis, coasting vehicles, or similar devices are allowed only in the following areas:
- Pathways and Sidewalks
- Park Headquarters
- T. Stell Newman Visitor Center
- Asan Bay Overlook
- Piti Guns Unit Government
- Buildings
- Historic Structures
- Memorial Structures
- Other areas as needed when a large public event has been permitted and such use may cause conflicts
36 CFR §2.21 – SMOKING
The following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking as noted:
- Asan Bay Overlook
- Piti Guns Unit
- Historic Structures
- Memorial Structures
- Government Buildings to include a distance of 25 feet from the building entrance(s)
- Government Vehicles
- Other areas as needed when a large public event has been permitted and such use may cause conflicts
36 CFR §2.22 – PROPERTY
(a)(1) Abandoning property is prohibited.
(a)(2) Leaving property unattended for longer than 24 hours, except in locations where longer time periods have been designated or in accordance with conditions established by the superintendent are prohibited with the following exceptions:
- Any motor vehicle that is immobile because it is not capable of moving under its own power due to a mechanical malfunction.Vehicle not removed within three (3) days or it presents a hazard to or impedes normal park operations may be impounded by the Superintendent.
Geocache items are not permitted to exceed 24 hours and shall not create any type of hazards or unsafe conditions including any type of digging or ground disturbance.Geocache items are prohibited in the following areas:
- Park Headquarters
- T. Stell Newman Visitor Center
- Asan Bay Overlook
- Piti Guns Unit
- Historic Structures
- Memorial Structures
36 CFR §2.35 – ALCOHOLIC BEVERAGES(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:
- All areas of the park with the following exceptions:
- Asan Beach UnitAgat unit
- Apaca Point
- Ga’an Point
36 CFR §2.38 – EXPLOSIVES(b) Using or possessing fireworks and firecrackers is prohibited, which is in accordance with applicable State law.
36 CFR §2.50 – SPECIAL EVENTS
Pageants, public spectator attractions, entertainments, ceremonies, and similar events are allowed, provided there is a meaningful association between the park area and the events, and the observance contributes to visitor understanding of the significance of the park area, and a permit therefor has been issued by the superintendent.
- A written application for a Special Use Permit must be submitted to the Superintendent at least 30 days prior to the date desired for the event, along with a non-refundable application fee.
36 CFR §2.62 – MEMORIALIZATION
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 from cremation is prohibited.
36 CFR §3.23 – SCUBA AND SNORKELING
SCUBA diving and snorkeling is permitted at Asan Beach Unit and Agat Unit under the terms and conditions as noted:
- All diver’s must be able to present proof of certification
- A diver’s flag must be displayed when diving operations are underway
36 CFR §3.8 – PROHIBITED VESSEL OPERATIONS
(b)(1) Operating a power-driven or sailing vessel within 100 feet of a diver’s flag except a vessel in support of dive operations.
(b)(4)(ii) Operating a vessel in excess of flat wake speed within 100 feet of a person swimming, wading, fishing from shore or floating with the aid of a flotation device.
(b)(5) Operating a power-driven or sailing vessel within 500 feet of a shoreline.
36 CFR §4.2 – STATE LAW APPLICABLE
Unless specifically addressed by regulations in this chapter, traffic and the use of vehicles within a park area are governed by State law. State law that is now or may later be in effect is adopted and made a part of the regulations in this part.
(b) Violating a provision of State law is prohibited.
36 CFR §4.10 – TRAVEL ON PARK ROADS AND ROUTES
Park roads, open for travel by motor vehicle are those indicated below, and/or as indicated in the following publication or document (attached hereto):
- Asan Beach Unit
- Asan Inland Unit
- Agat Unit
(c)(1) Track-laying motor vehicles, or other motor vehicles equipped with a similar traction device may be operated on the following routes under the terms and conditions noted:
Those activities that will be administered through the Special Use Permit Program, in accordance with the criteria and procedures of 36 CFR §1.6
36 CFR §4.21 – SPEED LIMITS
(b) The following speed limits are established for the routes/roads indicated:
Asan Beach Unit: 10 mph
Agat Beach Unit: 10 mph
Asan Inland Unit: Posted Speed Limits
All parking areas: 5 mph
36 CFR §4.30 – BICYCLES
Park roads and parking areas that are closed to bicycle use are listed in section 1.5 of this document is prohibited.
(d)(3) Riding a bicycle abreast of another rider is prohibited.
36 CFR §4.31 – HITCHHIKING is prohibited.
