Record of Determination for a Partial and Temporary Closure of a Portion of Certain Federal Parkland at Meridian Hill Park for Human Health and Safety

Pursuant to 36 CFR 1.5(a), Rock Creek Park, a unit of the National Park Service, is temporarily closing a portion of parkland within Meridian Hill Park (US Reservation 327) to allow the safe rehabilitation work on the cascading fountain and water features in the lower level of the park. Beginning 7:00 am Monday December 29, 2025 and lasting through 5:00 pm September 30, 2026, parkland identified in the map attached to this ROD will be fully closed to all public use. The closed area will be more specifically identified by fencing and signage. The closed area will be accessible only to National Park Service employees and project contractors.

The temporary closure of this park area is necessary to protect the public from any health and safety hazards associated with this fountain rehabilitation project. Less restrictive measures are not possible given the need to close the area to protect the public from unsafe conditions. This temporary and partial closure is not of a nature, magnitude and duration that will result in a "significant alteration in the public use pattern." The upper level of Meridian Hill Park and other nearby park areas will remain open to the public.

Accordingly, the National Park Service has determined publication as rulemaking in the Federal Register is unwarranted under 36 CFR 1.5(c). The partial and temporary park closure and public use limitation is consistent with hundreds of other temporary park closures, the legal opinion of the Office of the Solicitor, and judicial adjudications. ANSWER coalition v. Norton, No. 05-0071, (D.D.C. January 18, 2005, Mahoney v. Norton, No. 02-1715 (D.D.C. August 22, 2002), plaintiffs’ emergency motion for appeal for injunction pending appeared denied Mahoney v. Norton, No. 02-5275 (D.C.Cir. September 9, 2002) (per curiam); Picciotto v. United States, No. 99-2113 (D.D.C. August 6, 1999); Picciotto v. Lujan, No. 90-1261 (D.D.C. May 30, 1990); Picciotto v. Hodel, No. 87-3290 (D.D.C. December 7, 1987); Speigel v. Babbitt, 855 F Supp. 402 (D.D.C. 1994), affd in parr wlo op. 56F. 3d 1531(D.C.Cir. 1995), reported in full, 1995 US App. Lexis 15200 (D.C.Cir. May 31,1995).

Pursuant to 36 CFR 1.7, notice of this temporary and partial closure will be made through public outreach and by the posting of signs at conspicuous locations in the affected park area. Finally, pursuant to 36 CFR l.5(c), this determination is available to the public upon request.

Brian Joyner
Superintendent