The purpose of this compendium is to produce a concise written document which provides all of the special designations, closures, public use limits, permit requirements imposed under the discretionary authority of the Superintendent. The preparation of the compendium is required under Section § 1.7, under Title 36, Code of Federal Regulations (CFR) and shall be made available to the public upon request. The compendium will be reviewed and updated annually to ensure adequate protection of the park resources, provide for public safety and enjoyment, and to meet changes in recreational use patterns. It is important to utilize this document in conjunction with Title 36, CFR since the compendium only addresses restrictions imposed under the discretionary authority of the Superintendent, or regulations which authorize special designations, closures, or other use limits. The use of this compendium, in conjunction with the Memorial brochure, maps, sings and other media will provide a clear understanding of Memorial rules and regulations for both the National Park Service employees and park visitors. Your comments and suggestions are welcome. 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 Chamizal National Memorial. 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 throughout this document. 36 CFR, PART 1 - GENERAL PROVISIONS36 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 Memorial, and the following closures are established for all or portions of the Memorial to all public use or to a certain use of activity.The designated times are set by the Superintendent; to preserve and protect the resources from unintentional and intentional damage. To include, deterring any illegal activities within the boundaries of the Chamizal National Memorial may be closed without immediate public notice due to an emergency or severe weather; Or to conduct an immediate recovery or repair project. All exigent closure circumstance will be provided a public notice at the earliest convenience. Visiting Hours
Chamizal gates are closed daily to reduce the risk of vandalism to park resources.
Facilities may be open for additional hours related to a special event or special use permit.
ClosuresDuring periods of high visitation, special events, staffing shortages, or natural events including storms and natural disasters, or sensitive species activity, roads to park features or park areas may be closed temporarily to ensure visitor safety and control, and to protect natural resources. Closures will be identified by signs along restricted areas, maps, media notifications, and/or closing of access routes through barricades or gates. Park management reserves the right to implement emergency closures on a temporary basis any time public safety or other concerns arise. (a)(2) The Superintendent may designate areas for a specific use or activity or impose conditions or restrictions on a use or activity. The following restrictions and/or conditions are in effect for the specific uses or activities noted: 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. DronesLaunching, landing, or operating an unmanned aircraft from or on lands and waters administered by the National Park Service within the boundaries of Chamizal National Memorial is prohibited except as approved in writing by the superintendent. This regulation is necessary to maintain public health and safety and avoid conflict among visitor use activities and no less restrictive measures will suffice due to the relatively small size of the Memorial and its immediate proximity to the international border crossing and boundary with Mexico. DumpstersIt is prohibited to remove materials already deposited in government refuse receptacles. Climbing onto or into refuse receptacles is also strictly prohibited. This creates health and safety issues when climbing into and removing items from dumpsters. Glass ContainersNo person shall use or possess any glass beverage bottle or other glass beverage container on Memorial grounds. Broken glass can be a potential hazard to the public. Model RocketsIt is prohibited for any person to launch or fly model rockets powered by ignitable fuels or to propel objects such as arrows, javelins, golf balls, stones, hard balls, missiles, or using other instrument(s) capable of throwing a projectile on Memorial grounds. Due to the resources in the memorial, explosives can be a potential fire safety. Playground EquipmentOn Memorial grounds, no person shall bring in, set-up, use, or allow others to use, amusement park style equipment or structures such as: jumping balloons, trampolines, climbing walls, dunk- tanks, swing-sets, or other similar playground equipment. This is known to be a potential safety issue to the resources and the visitors. SportsGames or other activities which damage turf or other vegetation are prohibited. For example, horseshoes or “wachas” may not be played on turf areas but are authorized in the non-turfed, dirt areas of the southwest corner of the grounds. Certain sports at the Memorial have an impact on the park resources and the visitor experience. Mask-Wearing
36 CFR, PART 2 - RESOURCE PROTECTION, PUBLIC USE AND RECREATION36 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 usually required. Until further notice, the park is closed to special uses, and no permits will be issued. For more information, refer to Appendix 1.
36 CFR, PART 3 - GENERAL REGULATIONS36 CFR §2.1 Preservation of natural, cultural and archeological resources(a)(4) No dead wood on the ground may be collected for use. It is prohibited for any person to climb into trees or to attach any rope, wire, or other contrivances to any tree or plant on Memorial grounds. This leads to unattended fires, and damage to the memorial resources. (c)(1), (c)(2) The following fruits, nuts, or berries may be gathered by hand for personal use or consumption, in reasonable quantities. These natural products may be collected without negatively impacting the growth and replenishment of the producing plant:
The Superintendent has determined that hand collection of cactus fruit will not have a negative impact on natural resources. 36 CFR §2.2 Wildlife protection(b)(4)(d) Transporting lawfully taken wildlife through the park is prohibited. 36 CFR §2.11 PicnickingPicnicking is allowed on Memorial grounds and in designated picnic areas except in areas closed by the superintendent by §1.5. The following designated areas are closed to picnicking:
There are sufficient designated picnic tables at each of these locations with available trash and recycling containers. 36 CFR § 2.12 Audio disturbancesThe following are prohibited: Loud noise of any type can impact the visitor experience. 36 CFR §2.14 Sanitation and refuseThe following are prohibited: Disposing of or leaving refuse in locations other than approved receptacles causes resource damage, can harm animals, and is a public nuisance. 36 CFR §2.16 Horses and pack animalsIn order to protect public health and safety, horses and pack animals are prohibited on all Memorial grounds, unless otherwise permitted by the Superintendent. Note: These conditions do not apply to the use of horses by authorized government officials and public safety-related operations such as crowd control. Horses are prohibited in all Memorial compounds without a permit from the park Superintendent. 36 CFR §2.21 SmokingThe following portions of the park, or all or portions of buildings, structures or facilities are closed to smoking:
These restrictions are intended to reduce any possible conflict between users and harmful effects of second-hand smoke and protect park structures from fire danger or smoke. This prohibition is consistent with federal law.In order to protect park resources, reduce the risk of fire and for the health and wellness of staff and visitors, smoking is prohibited inside of all park buildings. 36 CFR §2.35 Alcoholic beverages and controlled substances(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, aluminum 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. Required due to the history of large amounts of alcohol consumption in the park which could potentially lead to disorderly conduct and vandalism in buildings. 36 CFR §2.37 – Noncommercial SolicitingSoliciting or demanding gifts, money, goods or services is prohibited, except pursuant to the terms and conditions of a permit that has been issued under 36 CFR §2.50, §2.51, or §2.52. This can potentially lead to unsolicited gifts from vendors. 36 CFR § 2.51 Public assemblies and meetingsFirst Amendment activities that do not require a permit under 36 C.F.R. § 2.51(b)(1) and 36 C.F.R. § 2.52(b)(1) because they involve groups of 25 persons or fewer may occur in the following location: On the esplanade south of the visitor center, and immediately south of the Benito Juarez Child to Man statue and the two self-standing walls; and extending nearly to the southern barrier between the esplanade and the grass, and extending east, west, and south to nearly the concrete barriers to the grass areas. To assure visitor access to the statue and the sidewalk to the grass area to the south of the designated area and the esplanade, the designated area is separated from the statue to the north by two rows of paver triangles, and on the east, west, and south, by one row of paver triangles from the concrete barriers. The trapezoid-shaped area measures approximately 20' X 50', or 1000 square feet. This site may not be available at any given time due to other scheduled or unscheduled park functions or events. This area is designated on the attached map (Appendix 1). Visitors may not be approached outside these areas or anywhere else beyond the limits described. These designated areas are in close proximity to primary visitor facilities and provide safe gathering places for demonstrations and or distribution of printed matter. Use of sidewalks and park buildings for demonstrations is prohibited to allow for safe visitor access to park facilities. 36 CFR §2.52 Sale or distribution of printed matterThe sale or distribution of printed materials is allowed by permit only in the areas described in the public assembly areas (see Appendix 1) Visitors may not be approached. 36 CFR, PART 4 - VEHICLES AND TRAFFIC SAFETY36 CFR §4.10 Travel on park roads and routesOperating a motor vehicle is prohibited except on park roads, in parking areas and on routes and area designated for off road motor vehicle use: the paved (“black-top”) main access roadway, utility access road behind the cultural center, and in designated public parking areas. Segways, motorized scooters, electric cars, go-carts, and similar vehicles are prohibited. Any park visitor with a disability is permitted to use an electric personal assistive mobility device (Segway) and similar devices throughout the Memorial, including all structures, facilities, park roads, sidewalks, trails, and other surfaces when such devices are used by a mobility- impaired person for locomotion for the sole purpose of mobility assistance. In effect, use is authorized anywhere a motorized wheelchair is allowed.Finally, use of any mobility assistive device, as outlined above, must also adhere to the following:
This prohibition does not apply to National Park Service, State, or local emergency services during the performance of official duties. 36 CFR §4.12 Traffic control devices and §4.13 Obstructing trafficAll vehicles entering the Memorial will follow the direction of travel and follow posted traffic signs throughout the Memorial. Vehicles will not obstruct roadways, sidewalks, ramps, fire hydrants and loading and unloading zones only. This allows for better flow of traffic. CFR §4.21 Speed limitsThe following maximum speed limit(s) are established and posted for the roads and parking areas as indicated:
For the safety of Chamizal resources and the visitors. 36 CFR §4.30 BicyclesBicycles must be ridden on the right-hand side of traveled roads, in the same direction of travel as all other vehicular traffic, and in general, conform with all state and federal vehicle traffic regulations. 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 h.p.).E-bikes are allowed at Chamizal National Memorial 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, and 4.30(h) (2)-(5) Except as specified in this Compendium, the use of an e-bike within Chamizal National Memorial 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. Bicycle use is very common throughout the park and there are excellent multi-use trails within the memorial. When possible due to certain areas of the park and trails it would be a good practice to walk bikes to reduce the risk of accident/injury. 36 CFR §5.3 Business operationsUntil further notice, the park is closed to commercial uses, and no permits will be issued. For more information, refer to Appendix 1. APPENDIX 1December 29, 2022, Record of Determination Closure of Chamizal National Memorial to Special Park UsesPursuant to 36 C.F.R. § 1.5(a)(1), the National Park Service (NPS) closes Chamizal National Memorial to special park uses. The NPS will not accept applications or issue permits authorizing special park uses until the closure has been terminated. This closure applies to First Amendment activities that require a permit, such as commercial filming, certain still photography activities, and large demonstrations. It also applies to special events, such as concerts and festivals. Special park uses that have been scheduled and authorized under a special use permit will be cancelled or postponed at the discretion of the permittee. First Amendment activities that do not require a permit under 36 C.F.R. § 2.51(b)(1) and 36 C.F.R. § 2.52(b)(1) because they involve groups of 25 persons or fewer are not affected by this closure and may occur in the following location:
Any previous locations designated for First Amendment activities are revoked and superseded by this determination. Most still photography activities within the Memorial also may continue without a permit. This closure will protect resources at the Memorial and ensure that the NPS manages special park uses in compliance with federal law and policy after the closure is terminated. Less restrictive measures will not suffice because continuing to allow special park uses under the current permitting program may adversely impact resources at the Memorial. The NPS has determined that this closure is not highly controversial; nor is it of a nature, magnitude and duration that will result in a significant alteration in the public use pattern of the Memorial, adversely affect the Memorial's natural, aesthetic, scenic or cultural values, or require a long-term or significant modification in the resource management objectives of the Memorial. The NPS expects to terminate this closure after it completes a review of the permitting program at the Memorial and implements changes to the program that will ensure compliance with federal law and policy. Accordingly, the NPS determines that publishing this closure as a rulemaking in the Federal Register is not required by 36 C.F.R. § 1.5(b). Pursuant to 36 C.F.R. § 1.7, the NPS will provide public notice of this closure on the Memorial website (www.nps.gov/cham), at the Memorial visitor center, and through media advisories and instructions from NPS employees. The NPS will make this Record of Determination available to the public upon request under 36 C.F.R. § 1.5(c) and this closure will be published in the Superintendent’s Compendium on the Memorial website. |
Last updated: March 22, 2024