BLSC Superintendent's Compendium

 

Approved on October 1, 2026
By John Brigman, Superintendent

In accordance with applicable law and policy, and pursuant to the delegated authorities provided in Title 36, Code of Federal Regulations, Chapter I (“36 CFR”), the following compendium actions apply to all lands and waters administered by the National Park Service (NPS) within the boundaries of Blackwell School National Historic Site (NHS). This document is the written compilation of designations, closures, permit requirements and other restrictions imposed under the discretionary authority of the Superintendent, as required by 36 CFR 1.7(b). Violating any provision in this Compendium may result in criminal penalties under 36 CFR 1.3.

The compendium actions in this document apply in addition to all other laws that apply to lands and waters administered by the NPS within the boundaries of Blackwell School NHS National Park. These include:

• Regulations in 36 CFR and other CFR titles such as Title 43, which contains regulations that apply on public lands administered by the Department of the Interior. The current version of the CFR can be found at Code of Federal Regulations.
• Statutes codified in U.S. Code, including provisions in Titles 16 and 54.

This Compendium is organized by the sections in 36 CFR that give the Superintendent discretionary authority to take the compendium action. Written determinations that explain why each compendium action is necessary appear in this document in italicized print.

Please contact John Brigman if you have any questions or comments about the Superintendent’s Compendium.

NPS regulations in 36 CFR 1.4 define certain terms that are used in 36 CFR. Other sections in 36 CFR may define terms that are used in those sections. To the extent any terms defined in the CFR are used in this Compendium, those definitions apply. In addition to terms defined in the CFR, the following terms used in this Compendium are defined as follows:

• Day Use Area: Any area consisting of or adjacent to paved parking lots, buildings, or toilet facilities that are open to the general public.

• Uncrewed Aircraft : A device that is used or intended to be used for flight 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.

• Walkway: Sidewalks, paths, trails, or hard-surfaced areas that are closed to the use of bicycles and motorized vehicles.

 

36 CFR 1.5 – CLOSURES AND PUBLIC USE LIMITS.

36 CFR 1.5(a)(1) – Visiting hours, public use limits and closures.

Visiting Hours

• Blackwell School National Park is open on Saturday and Sunday only, from 12:00 pm to 4:00 pm, except for federal holidays. Severe winter storms may cause the park to close until such time as it is safe for visitation.
• Closing the park at night and on federal holidays is necessary because the NPS does not have sufficient staff to manage visitors during those times. In addition, it is more difficult for visitors to stay on designated paths and trails, and outside of closed areas, during the night. Leaving these areas can cause significant damage to the natural and cultural resources in the park, including plants, wildlife, and archeological sites.

Public Use Limits

Park closure can only be made by Park Superintendent or individuals given permission to make this determination by the Superintendent.

• Use of all park picnic areas are restricted to visitation hours only. Picnic tables cannot be reserved and are available on a first-come, first served basis.
• All smoking is prohibited in all Park structures and grounds of Blackwell School NHS.
• Leaving property unattended, for ANY period of time, in or near any park building or resource, is prohibited. All property left unattended in violation of these conditions may be considered dangerous or threatening to park resources and may be impounded for inspection. Such an inspection may be destructive. Unattended property presents and hazard and is potentially dangerous to park visitors. Given the short distances to parking lots, where personal property can be stored, there is no reason for visitors to leave their property unattended.

The use of horses or pack animals is permitted on the areas of the Park with Superintendents approval:

• Persons engaged in authorized living history programs for the park may use horses or pack animals within the Historic Core. Public use of horses or pack animals is prohibited anywhere in the park.

Closures

• The entire park is closed to public use outside of established visiting hours except the adjacent playground and picnic benches, unless exempted by a permit in accordance with §1.6. (This closure is necessary to protect the nationally significant cultural resources.)
• Climbing over boundary fence is prohibited. (This closure is necessary to protect the nationally significant cultural site.)
• The entire park is closed to camping. (Limited acreage does not allow for camping facilities that would not impair the cultural landscape. Opportunities for camping exist locally.)
• The entire park is closed to tree climbing and tree rappelling. (This closure is necessary to protect vegetation that contributes to the cultural landscape).

 

36 CFR 1.5(a)(2) – Designated areas, conditions or restrictions on a use or activity.

Conditions or Restrictions on a Use or Activity

• Launching, landing, or operating an uncrewed aircraft from or on lands and waters administered by the NPS within the boundaries of Blackwell School National Park is prohibited except as approved in writing by the Superintendent.

This restriction is necessary to prevent unacceptable impacts to park resources and values from the use of uncrewed aircraft. Potential impacts include harming visitors, interfering with rescue operations, causing excessive noise, impacting viewsheds, and disturbing wildlife. This restriction is required by NPS Reference Manual #60: Aviation Management, Chapter 12 – Uncrewed Aircraft Systems.

• Filming, still photography, and audio recording activity may require a permit, consistent with 54 U.S.C. 100905.

• Filming, still photography, and audio recording activity that occurs in closed areas, requires exclusive use of a site or area, or involves a set or staging equipment other than handheld equipment (such as a tripod, monopod, and handheld lighting equipment) requires a permit, unless the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.

• Filming, still photography, and audio recording that involves more than eight individuals requires a permit, unless the NPS has specifically notified an individual or group that a permit is not required, or if the activity is affiliated with an activity or event that has been allowed under a written authorization, such as a special use permit.

• If a permit is required for the reasons stated above, or if the NPS otherwise determines and then notifies an individual or group that a permit is required for a filming, still photography, or audio recording activity, then engaging in that activity without a permit is prohibited. Violating a term or condition of a permit issued by the NPS for a filming, still photography, or audio recording activity is prohibited, and may result in the suspension or revocation of the permit, in addition to any penalties that may apply under 36 CFR 1.3.

Federal law at 54 U.S.C. 100905 states that permits and fees are not required for filming, still photography, or audio recording in park areas if certain requirements are met. These requirements address various topics, including, but not limited to, group size, location, equipment, potential impacts to resources and visitors, and the likelihood that the NPS will incur related administrative costs. If any of these requirements are not met, the law allows the Secretary of the Interior, acting through the NPS, to require a permit for the subject activity. Permit requirements are imposed by the superintendent under discretionary authority provided by 36 CFR 1.5(a)(2), which allows the superintendent to impose conditions or restrictions on a use or activity, consistent with applicable legislation, to implement management responsibilities. The general regulations for permits in 36 CFR 1.6 do not apply to permits issued for filming, still photography, and audio recording, which instead are governed by the statutory provisions in 54 U.S.C. 100905. The imposition of permit requirements, on a case-by-case basis, for filming, still photography, or audio recording does not require rulemaking under 36 CFR 1.5(b). Requiring a permit with reasonable terms and conditions in accordance with statutory requirements at 54 U.S.C. 100905 is not highly controversial, will not result in a significant alteration in the public use pattern of the System unit, will not adversely affect the System unit’s natural, aesthetic, scenic or cultural values, or require a long-term or significant modification in the resource management objectives of the System unit, because the permit requirement is limited in time and scope to the specific activities authorized by the permit, which contains terms and conditions that protect the values, resources, and visitors of the System unit, and implements federal law.

36 CFR 1.6 – ACTIVITIES THAT REQUIRE A PERMIT

The following activities are prohibited without a permit. Criteria for approving or denying permits are established by applicable law (statutes and regulations) and policy. Permitted activities are subject to applicable terms and conditions.

Launching or landing uncrewed aircraft. 36 CFR 1.5.

Some filming, still photography, and audio recording (depends upon the facts and circumstances; contact the park for more information) 36 CFR 1.5 and 54 U.S.C. 100905.

• Specimen collection for research purposes. 36 CFR 2.5.

• Gathering of plants or plant parts by Federally recognized Indian tribes. 36 CFR 2.6.

• Operating a power saw in developed areas and a motor or engine in undeveloped areas. 36 CFR 2.12.

• Operating a public address system 36 CFR 2.12.

• Delivery or retrieval of a person or object by parachute, helicopter or other airborne means. 36 CFR 2.17.

• Soliciting or demanding gifts, money goods or services. 36 CFR 2.37.

• Using, possessing, storing, or transporting explosives; using or possessing fireworks or firecrackers. 36 CFR 2.38.

• Conducting a special event. 36 CFR 2.50.

• Conducting a demonstration by groups of more than 25 people. 36 CFR 2.51.

• Selling or distributing printed matter and other message-bearing items by groups of more than 25 people. 36 CFR 2.52.

• Running-at-large, herding, driving across, allowing on, pasturing or grazing of livestock, or using the park for agriculture. 36 CFR 2.60.

• Residing on federal lands. 36 CFR 2.61.

• Scattering of human ashes from cremation. 36 CFR 2.62.

• Towing a person using a parasail, hang-glider, or other airborne device. 36 CFR 3.12.

• Operating a submersible. 36 CFR 3.19.

• Displaying, posting, or distributing commercial notices or advertisements. 36 CFR 5.1

• Engaging in or soliciting any business. 36 CFR 5.3.

• Using commercial vehicles on NPS-administered roads. 35 CFR 5.6.

• Constructing or attempting to construct any building, structure, road, trail, path, or utility. 36 CFR 5.7.

• Rights-of-way. 36 CFR part 14.

• Examining ruins, excavating archeological sites, and gathering of objects of antiquity. 43 CFR part 3.

• Excavating or removing archeological resources. 43 CFR part 7.

• Collecting paleontological resources. 43 CFR part 49.

 

36 CFR 2.1 – PRESERVATION OF NATURAL, CULTURAL AND ARCHEOLOGICAL RESOURCES

36 CFR 2.1(b) – Hiking.

• Visitors to Blackwell School must remain on walkways at all times, except the boundaries within the playground section of the Park.

36 CFR 2.1(c)(1)-(2) – Designation of natural products for personal use or consumption.

• The following fruits, nuts, and berries may be gathered by hand for personal use or consumption, in accordance with the noted size, quantity, collection sites and use or consumption restrictions:

o Fruits of cactus (such as prickly pear cactus) and grapes . One quart per person per day.

o Nuts, such as pecans, acorns, and pinons, when collected from the ground. One quart per person per day.

The Superintendent has determined that the gathering and consumption of these natural products in the manner allowed will not adversely affect park wildlife, the reproductive potential of a plant species, or otherwise adversely affect park resources.

 

36 CFR 2.10 – CAMPING AND FOOD STORAGE

36 CFR 2.10(a) – Permits, designated sites or areas, and conditions for camping.

• Camping is prohibited at Blackwell School, except upon approval by the Superintendent in designated areas. Camping in these locations requires a permit. Tents must be erected on tent pads. The use of hammocks, slacklines, tarps or similar devices tied to natural or manmade features is prohibited.

During the winter, dispersed camping would create unacceptable risks to public safety due to extreme temperatures and conditions. For these reasons, allowing camping only in developed areas will protect the park’s natural resources and promote visitor safety.

36 CFR 2.11 – PICNICKING

• Picnicking is allowed at Blackwell School during operating hours in designated picnicking areas.

All other areas are prohibited and would block access for other visitors and possibly damage historical site.

 

36 CFR 2.13 – FIRES

36 CFR 2.13(a)(1) – Conditions on Lighting or Maintaining a Fire

• No fires can be started or maintained except with Superintendent approval at any time of grounds of Blackwell School NHS.

This action is necessary for the maintenance of public health and safety, protection of environmental or scenic values, protection of natural or cultural resources, and the implementation of management responsibilities. Materials other than approved combustibles – especially fire accelerants and substances prone to wind transport or explosion – creates serious risks when used to light or maintain fires. These combustibles can ignite or spread wildfires that directly threaten people and valuable resources and assets. The burning of manufactured or synthetic materials can contribute to air pollution, contaminate soil and water, and be toxic to humans and the environment. Less restrictive measures, such as an education campaign informing visitors of the risks of using certain materials to light or maintain a fire, would not be commensurate with the substantial risks associated with those activities and could lead to adverse outcomes that might be prevented by establishing an enforceable condition.

 

36 CFR 2.20 – SKATING, SKATEBOARDS, AND SIMILAR DEVICES.

Skateboards are prohibited, this will help avoid injuries and visitor conflicts.

36 CFR 2.35— ALCOHOLIC BEVERAGES AND CONTOLLED SUBSTANCES.

36 CFR 2.35(a)(3) – Closures to alcohol.

• Blackwell School is closed to the consumption of alcohol and the possession of open containers of alcohol.

Blackwell School NHS is listed in the National Register of Historic Places. For these reasons, the Superintendent has determined that the consumption and possession of alcohol at the Park is inappropriate given the historic and solemn purpose for which the historical site is maintained.

 

36 CFR 2.51 – DEMONSTRATIONS AND DESIGNATED AVAILABLE PARK AREAS

36 CFR 2.51(c)(2) – Designated location.

• The following location in Blackwell School to the left of the main entrance parking lot, is designated as available for demonstrations in Assembly area A and B. A permit is not required for a demonstration in the designated location if it involves 25 persons or fewer and does not involve structures.

 

A Bird's eye view of the Blackwell School NHS property. The BLSC Schoolhouse, Band Hall, Playground Area, Shelter and Assembly A and B are noted in the image. The Property lines are highlighted in bright green.

NPS

The following location in Blackwell School to the left of the main entrance parking lot, is designated as available for demonstrations in Assembly area A and B. A permit is not required for a demonstration in the designated location if it involves 25 persons or fewer and does not involve structures.

 

36 CFR 2.52 – SALE OF PRINTED MATTER AND THE DISTRIBUTION OF PRINTED MATTER AND OTHER MESSAGE-BEARING ITEMS.

• This location is the same location for demonstrations above under 26CFR 2.5(c)(2) following location in Blackwell School NHS for demonstrations. It is designated as available for the sale or distribution of printed matter, and the free distribution of other message-bearing items. A permit is not required for these activities in the designated location if they involve 25 persons or fewer and do not involve structures.

36 CFR 4.30 – BICYCLES.

36 CFR 4.30(i) – All bicycles, both Pedal and Electric bicycles.

• All bicycles are not permitted within the Park, and bike parking racks are located outside on site. All bicycles are only permitted in the Park parking lot or the bicycle parking rack

Allowing bicycles on roads and parking areas will create new, adverse impacts to resources or visitors because those locations due to foot traffic.