Superintendent's Compendium

 

Approved by: Jewel Harris, Superintendent
November 18, 2022

US Department of the Interior
National Park Service
Superintendent's Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Delegated Authority

Applied in addition to the provisions of Title 36 Code of Federal Regulations, Chapter 1, Parts 1-7, authorized by Title 16 United States Code, Section 3. Reference NPS Management Policies 2006.

William Howard Taft National Historic Site
2038 Auburn Ave.
Cincinnati, Ohio 45219
513-684-3262 Phone
513-684-3627 fax

 

A. Introduction

1. Superintendents Compendium Described

The Superintendents Compendium is the summary of park specific rules implemented under 36 Code of Federal Regulations (36 CFR). It serves as public notice, identifies areas closed for public use, provides a list of activities requiring either a special use permit or reservation, and elaborates on public use and resource protection regulations pertaining specifically to the administration of the park. The Superintendent’s Compendium does not repeat regulations found in 36 CFR and other United States Code and CFR Titles, which are enforced without further elaboration at the park level.

The regulations contained in 36 CFR, Parts 1-7 are the basic mechanism used by the National Park Service (NPS) to preserve and protect the natural and cultural resources of the park and to protect visitors and property within the park. Parts 1-6 are general regulations applicable to all areas of the National Park system, and Part 7 contains special regulations specific to individual parks. Each of the parts has many sections and subsections articulating specific provisions. Within some of these Parts 1 -7 sections and subsections, the Superintendent is granted discretionary authority to develop local rules to be responsive to the needs of a specific park resource or activity, park plan, program, and/or special needs of the general public.

As an example, 36 CFR 1.5(a) Closures and Public Use Limits provides the Superintendent certain discretion in allowing or disallowing certain activities. The authority granted by the Section, however, requires the Superintendent to comply with the Administrative Procedures Act (6 USC Section 551), which requires public notice on actions with major impact on visitor use patterns, park resources or those that are highly controversial in nature.
Another example is 36 CFR 1.6 Permits, which allows the Superintendent to require a permit for certain uses and activities in the park. This section, however, requires that a list of activities needing a permit (and a fee schedule for the various types of permits) be maintained by the park.

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 at:

Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954

The CFR is also available on the Internet.

 

36 CFR §1.6 - The following is a compilation of those activities for which a permit from the Superintendent is required:

• §2.12 Audio Disturbances:
  • (a)(2) Operation of a power saw in 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
• §2.37 Solicitation 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 Explosives:
  • (a) Use, possess, store, transport explosives, and/or blasting agents
  • (b) Use or possess fireworks
• §2.50 Sports events, pageants, regattas, public spectator attractions, entertainments, ceremonies, and similar event
• §2.51(a) Public assemblies, meetings, gatherings, demonstrations, parades, and other public expression of views
• §2.52(c) Sale or distribution of printed matter that is not solely commercial advertising
• §2.61(a) Residing on federal lands
• §2.62 Memorialization:
  • (a) Erection of monuments (requires approval from the Director)
  • (b) scattering ashes from human cremation
• §5.1 Advertisements - (Displays, 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 filming, still photography, audio recording:
  • (a) Commercial filming activities are subject to the provisions of 43 CRF Part 5. All aspects of commercial filming require a permit.
  • (b) Still photography activities are subject to the provisions of 43 CFR Part 5. Still photography does not require a permit unless:
    • It uses a model, set, or prop
    • It takes place where members of the public are not allowed
    • The park would incur costs to provide onsite management to protect resources or minimize visitor use conflicts
  • (c) Audio recording does not require a permit unless:
    • It takes place at locations where or when members of the public are generally not allowed
    • The equipment requires mechanical transport
    • It requires an external power source
    • The activity requires monitoring
    • The activity impacts resources

 

2. Laws & Policies Allowing the Superintendent to Develop this Compendium

The National Park Service (NPS) is granted broad statutory authority under 16 United States Code (U.S.C.) Section 1 et.seq. (Organic Act of 1916, as amended) to “…regulate the use of the Federal areas known as national parks, monuments, and reservations…by such means and measures as conform to the fundamental purposes of the said parks… which purpose is to conserve the scenery and the natural and historic objects and the wildlife therein and to provide for the enjoyment of the same in such manner and by such means as will leave them unimpaired for the enjoyment for future generations: (16 U.S.C. Section 1). In addition, the NPS Organic Act allows the NPS, through the Secretary of the Interior, to “make and publish such rules and regulations as he may deem necessary or proper for the use and management of the parks, monuments, and reservations under the jurisdiction of the National Park Service” (16 U.S.C. Section 3).

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 (16 U.S.C. Sections la1-1a8), 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, to the common benefit of all people of the United States.”

16 U.S.C. Section 1c defines the National Park System as “…any areas of land and water now or hereafter administered by the Secretary of the Interior through the National Park Service for park, monument, historic, parkway, recreational, or other purposes.”

In addition to the above statutory authority, the Superintendent is guided by established NPS policy as found in the NPS Management Policies (2006). The Superintendent is also guided by more specific policies promulgated by the Director of the 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 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 & Requirements

The Superintendent’s Compendium is not considered a significant rule requiring review by the Office of Management and Budget under Executive Order 12866. In addition, this Compendium will not have a significant economic effect on small entities nor impose a significant cost of 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 the 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 Compendium

As outlined above, the NPS has broad authority and responsibility to determine what types of uses and activities are appropriate in a particular National Park System area. The requirements of the Superintendent’s Compendium are developed though an analysis and determination process. The decision criteria used during this process are:

• Is there use or activity consistent with the NPS Organic Act and NPS policy?
• Is the use or activity consistent and compatible with the park’s enabling legislation, management objectives, and corresponding management plans?
• Will the use or activity damage the park’s protected natural and cultural resources and other protected values?
• Will the use or activity disturb or be in conflict with wildlife, vegetation, and environmental protection actions and values?
• Will the use or activity conflict with or be incompatible with traditional park uses and activities?
• Will the use or activity compromise employee or public safety?

 

5. Applicability of the Compendium

The rules contained in this Compendium apply to all persons entering, using, visiting or otherwise present on Federally owned lands, including submerged lands, and waters administered by the NPS within the legislative boundaries of the park. This includes all waters subject to the jurisdiction of the United States, including all navigable waters.

 

6. Enforcement of Compendium Requirements

NPS Law Enforcement Park Rangers enforce the requirements of the United States Code, 36 CFR, and this Superintendent’s Compendium.

 

7. Penalties for Not Adhering to the Compendium Requirements

A person who violates any provision of the regulations found in 36 CFR, Parts 1-7 or provisions of this Compendium, is subject to a fine as provided by law (18 U.S.C. 3571) up to $5,000 for individuals and $10,000 for organizations, or by imprisonment not exceeding six months (18 U.S.C. 3559), or both, and shall be adjudged to pay all court costs associated with any court proceedings. You may receive a list of fines associated with any particular provision by contacting the Chief Ranger.

 

8. Comments on the Compendium

The Compendium is reviewed annually and revised as necessary. The park welcomes comments about its program and activities at any time. Written comments on the Compendium may be submitted to:

Superintendent
William Howard Taft National Historic Site
2038 Auburn Avenue
Cincinnati, OH 45219

 

9. Effective Date of the Superintendent's Compendium

The Superintendent's Compendium is effective on the approval date listed on the first page of this document (top of document) and remains in effect until revised for a period of up to one year.

 

10. Additional Information

Some of the terms used in this Compendium may have specific meaning defined in 36 CFR 1.4 Definitions.

 

11. Availability

Copies of the Compendium are available at Copies of the Compendium are available at William Howard Taft National Historic Site.

It may also be found on this website.

 

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B. SUPERINTENDENT'S COMPENDIUM

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 William Howard Taft National Historic Site. 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.

Congress established William Howard Taft National Historic Site, a unit of the National Park Service, by Public Law 91-132 on December 2, 1969. H.R. l 000 would redraw the boundary of the Taft historic site to include two parcels of land contiguous to the site. The administration, development, and maintenance of the William Howard Taft National Historic Site is exercised by the Secretary of Interior in accordance with the provisions of the act commonly referred to as the National Park Service Organic Act, which is, "An Act to establish a National park Service and for other purposes", approved August 25, 1916, as amended (16 U.S.C. l et seq.), and an act popularly known as the Historic Sites Act, which is, ·'An Act to provide for the preservation of historic American sites, buildings objects 7 antiques of national significance, and for other purposes", approved August 21, 1935. The site was established specifically to "Preserve in public ownership historically significant properties associated with the life of William Howard Taft."

The historic site is dedicated to commemorating the public service life of William Howard Taft and preserving the setting of his birthplace to ensure that it is left unimpaired for the education, inspiration, and enjoyment of future generations.

 

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 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:
Visitor use of the park is limited to daylight hours, defined as one half hour before sunrise to one half hour after sunset. Visitation in other than daylight hours is incompatible with the educational and scientific purposes for which the park was established. The Superintendent makes exceptions for evening programs, approved Special Use Permits, or approval on an individual basis. Emergency closures will be posted and/or announced through the media.

Reason for Determination: The park was established to preserve and protect significant properties associate with the life of William Howard Taft. There are no overnight camping facilities in the park, and except for scheduled evening interpretive programs, there is no valid scientific or educational reason to allow visitor use after dark. In addition, there are no park employees on-site after dark and the sites are vulnerable to looting or vandalism if the park remained open to the public. Visiting is therefore limited to daylight hours.

Order: subsection (a)(l) The Taft home and Taft Education Center (TEC) is open to the public daily 362 days a year. It is closed on Thanksgiving Day, Christmas Day, and New Year's Day.

Reason: Holiday closing is to provide employees opportunity to be with family.

Order: subsection (a)(1) Fenced and gated areas of the site are closed when gates are locked between 5:00 pm to 8:00 am daily. Trespass into these closed areas by unauthorized persons or vehicles during this period are prohibited. The Southern Avenue public use (picnic) area is closed to unauthorized persons from dusk to dawn. Parking in the overflow lot is limited to WIHO staff, contractors and visitors touring the park. An exception is granted for vehicles dropping off or picking up students from the Mount Auburn Preparatory Academy School. Signs are posted for 15minute time limit. No overnight parking except for staff members on training or travel and approved by Superintendent.

Reason: Administered lands are closed to prevent after-hours damage to irreplaceable historical structures and objects or to contemporary U.S. Government facilities. Additionally, landscapes and structural appurtenances present typical hazard to persons during periods of darkness.

Order: subsection (a)(1) The possession or use of glass food or beverage containers on all parkland is prohibited for public safety and sanitation, except in vehicles parked at designated areas.

Reason: To reduce safety hazards of broken glass to public users and reduce hazardous litter.

Order: subsection (a)(2) The following is prohibited in the Taft home:

• Entering historically refurbished rooms without the accompaniment of a staff member.
• Carrying or consuming food or beverages or consuming chewing gum or tobacco in the exhibit spaces, historically refurbished rooms, or other public spaces. Exceptions to this prohibition may be granted by the Superintendent for the community room (room 204-205) and the garden room (room 004-005).
• Commercial photography of Hiram Powers bust of Alphonso Taft in the parlor (room 101).
• Visitors are prohibited from carrying suitcases, backpacks, shopping bags or coolers into the historically furnished rooms or the exhibit rooms.

Reason: To protect and preserve historic structures and furnishings.

Order: subsection (a)(3) The second-floor community room (room 204-205) and the basement garden room (room 004-005) of the Home, the classroom in the Education Center, and specific outdoor grounds areas are open to groups for meetings and receptions subject to the following restrictions:

• Only one group may use the space at any time.
• Written requests must be received by the Superintendent at least two weeks prior to the proposed use.
• Use of the room is subject to the availability of site staff to be present in the building and, if deemed necessary by the Superintendent, in the room during its use.
• No more than 25 people may occupy the community room and no more than 50 may occupy the garden room or TEC classroom and auditorium.
• A Special Use Permit involving special conditions, including liability insurance naming the United States as an insured, may be required at the discretion of the Superintendent.
• Groups with a preexisting agreement with the NPS are given priority in scheduling.
• Use of the room may not restrict or impinge upon the full enjoyment of the rest of the site by regular visitors during regular visiting hours or by other groups occupying another room.
• Food or drink may not be served without prior permission of the Superintendent.
• A fee may be charged to recover costs involved in the use of the room, such as clean-up costs and salary costs for staff.
• The room may not be used for partisan political purposes.
• Permission to use these rooms does not grant access to any other area of the home.

Reason: To assure appropriate management or space and maximize use of meeting rooms by community groups while avoiding conflict between users.

Mask Wearing Requirements to Support Public Health

When the COVID-19 Community Level is LOW or MEDIUM in the county or all the counties where the park is located based on data provided by the Centers for Disease Control and Prevention (CDC), individuals are not required to wear masks.

When the COVID-19 Community Level is HIGH in the county or all the counties 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, leased, or otherwise controlled by the National Park Service, including, but not limited to, park visitor centers, administrative offices, lodges, gift shops and restaurants.

When the COVID-19 Community Level is HIGH in one or more, but not all, of the counties where the park is located based on data provided by the CDC, the superintendent will determine whether individuals are required to wear masks. The requirement, if any, will apply to all facilities within the park.

Masks must cover the nose and mouth and fit snugly around the nose and chin with no large gaps around the sides of the face. Masks not designed to be protective, masks with ventilation valves, and face shields do not meet the requirement.

Regardless of the COVID-19 Community Level, individuals may wear masks if they choose to do so. 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 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 that state, locality, area subject to a federally recognized Indian tribe’s regulatory jurisdiction, or territory, regardless of a particular park’s jurisdictional status.

Additionally, all individuals must wear masks in or on public transportation conveyances and transportation hubs/facilities, to the extent required by current orders or directives issued by the CDC, the Transportation Security Administration (TSA), or other federal agencies with jurisdiction over those conveyances or areas. As of March 4, 2022, CDC and TSA orders or directives require all individuals regardless of vaccination status to wear masks in indoor areas of all forms of public transportation conveyances, including busses, trains, and boats/ferries, and in the indoor premises of transportation hubs/facilities. Individuals are not required to wear masks while outdoors on conveyances or while outdoors on the premises of transportation hubs/facilities.

The Superintendent has determined that this action, as appropriate and consistent with applicable law, is required to comply with Executive Order 13991, Protecting the Federal Workforce and Requiring Mask-Wearing and Centers for Disease Control and Prevention guidelines with respect to wearing masks, maintaining physical distance, and other public health measures by: on-duty or on-site Federal employees; on-site Federal contractors; and all persons in Federal buildings or on Federal lands.

Unmanned Aircraft:
Launching, landing, or operating an unmanned aircraft (otherwise known as Uncrewed Aircraft Systems) from, or on lands and waters administered by the National Park Service within the boundaries of William Howard Taft National Historic Site 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, drones) that are used for any purpose, including for recreation or commerce.

Section 1.6 Permits
In compliance with 36 CFR 1.6, the following activities require Special Use Permits from the Superintendent. Application for a Special Use Permit must be submitted on form 10-930.

• Special activities and public assemblies including wedding events. In no case, however, will a permit be granted for interior use of the Taft house that involves numbers of people exceeding the limits stated for the community room and garden room in Section 1.5 (a)(3), above.
• Still photography.
• Commercial filming. This includes film, electronic, magnetic, digital, or other recording of a moving image by a person, business, or other entity for a market audience with the intent of generating income. Examples include, but are not limited to: feature film, videography, and documentaries. Commercial filming may include the advertisement of a product or service, or the use of actors, models, sets, or props.
• Demonstrations, ceremonies, press conferences, and other public and private events held by non-NPS personnel.
• Demonstrations (of less than 15 participants) or other “1st Amendment” events will be limited to the sidewalk between the black wrought iron fence in front of the Historic Taft Home, and Auburn Avenue. These events will not be allowed to block access to the front parking lot of the TEC. Demonstrations (of 15 or more participants) will be limited to the grassy area East of the overflow parking lot and will not be allowed to block access to said parking lot.
• Sale or distribution of printed matter.
• Unmanned Aircraft / Uncrewed Aircraft Systems.

Reason: To provide, within existing authorities, for well-coordinated activities that do not conflict with users or operations.

Section 2.1 Preservation of natural. cultural. and archeological resources
(a)(6) Touching or handling artifacts or historic fabric within the home is prohibited.

Reason: To protect and preserve irreplaceable historic materials and objects.

Section 2.10 - Camping
Camping and/or overnight parking is not permitted.

Reason: Safe and sanitary facilities for extended human occupation do not exist.

Section 2.11 - Picnicking:
Picnicking by groups of six or more persons is permitted only in the designated area of the Southern Avenue public use area. Groups of five or less simply eating a sack lunch (no food preparation or serving required) are permitted to also use benches or landscapes around the Taft Education Center and Home. Users must cleanup all trash and place it in appropriate waste cans.

Reason: The only facility designed to accommodate preparation and serving of foods for larger, formal groups, is the Southern Avenue public use area. Smaller groups requiring only a place to sit and eat a sack lunch pose no potential conflict with other users.

Section 2.13 - Fires:
Fires are prohibited anywhere on the site.

Reason: Facilities do not exist for the safe use of fire.

Section 2.15 Pets:
(a)(l) Pets are prohibited in the home and education center. On the grounds, pets are generally discouraged but if present they must always be leashed. This section does not apply to harnessed guide dogs accompanying impaired persons.

Stray animals will be evaluated from a distance and visitors will be kept away until a determination is made whether they could become vicious. If so, the SPCA will be called immediately, and the area controlled until they arrive. If concerns about the animal do not exist attempts to locate the owner should be made before contacting the SPCA for pickup.

(a)(3) Pets may not be tied to natural features such as trees or to historic objects including structures or fence sections. Pets must not be left unattended except in parked vehicles and only then if properly provided for according to prevailing weather conditions. Patrols may be conducted to assure pets are not at risk and owners contacted if concerns arise.

(a)(4) Pet excrement must be disposed of in accordance with the following conditions:

• Pet excrement must be immediately collected by the pet handler and disposed of in the nearest trash receptacle. If there is not a trash receptacle in the area, the excrement shall be removed from the park by the handler.
• Reason for determination: Pet owners are responsible for their animals, including cleaning up after their animals. The developed units of the park are commemorative spaces which should be treated with respect and decorum.

Reason: To protect all users and resources from domesticated animals with unknown potential to cause harm. To protect the animals from cruel and inhumane treatment in being restrained or kept in a vehicle for extended periods of time during periods of extreme heat or cold.

Section 2.21 Smoking:
Smoking or carrying a lighted cigar, cigarette, pipe or other burning or smoldering device is prohibited inside the historic home and all other structures.

Smoking outdoors anywhere in the park is permitted. Trash and debris from smoking is litter and must be disposed of properly in appropriate containers provided.

Reason: Executive Order prohibits smoking in Government buildings, fire hazard reduction and human health and safety.

Section 2.23 Recreation fees:
Currently the site and all routine offerings are free of charge but administrative costs for special programs and/or events may be imposed by the Superintendent. A fee may be charged for the use of facilities to any extent needed to recover unbudgeted costs associated with a permitted special use. Provision for special event fees will be made in advance with any Special Use Permit granted. Examples or such costs include but are not limited to clean up and staff time or overtime directly related to the permitted use.

A non-refundable processing fee is required for all Special Use Permit applications not related to first amendment activities. This is intended only to recover unbudgeted costs of employee time to evaluate and approve/disapprove applications.

Reason: Fees may be utilized within existing authorities to recoup costs necessary in supporting special activities.

Illegal possession, sale, or use of controlled substances anywhere on the site is prohibited. Possession and use of alcoholic beverages except in conjunction with approved special events as described below, is prohibited anywhere on the site.

The serving and consumption of alcoholic beverages may be permitted in the community room and garden room of the home and in the education center only with written permission from the Superintendent. Such permission may be contingent upon the permittee’s presenting proof of sufficient liability insurance naming the United States as an insured and certification that all activities comply with state liquor laws. Carrying or consuming beverages in the exhibit spaces and historically furnished rooms of the home is prohibited.

Reason: Comply with Federal and State Laws, prevent user conflict, and protect historic objects.

Order: subsection (e). Permits must be obtained from the Superintendent which designate approved locations in the Southern Avenue Public Use area or on the northwest (twenty foot) corner of the education center parking lot on Auburn Avenue.

Reason: To ensure the equitable allocation of facilities and the avoidance of conflicts among visitor use activities.