US Department of the Interior
National Park Service
Superintendent's Compendium of Designations, Closures, Permit Requirements and Other Restrictions Imposed Under Delegated Authority
Charles Young Buffalo Soldiers National Monument
1120 U.S. Route 42 E.
Wilberforce, Ohio 45384
Approved by: Acting Superintendent Susan Knisley March 13th, 2023
Photo courtesy of National Afro-American Museum & Cultural Center, Wilberforce, Ohio
A.1. Introduction:
Superintendent's 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 l .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 I. 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 more fully understand the regulations governing the use and enjoyment 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 www.gpo.gov
OR
Superintendent of Documents
P.O. Box 371954
Pittsburgh, PA 15250-7954
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 1a1-1a8), 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."
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 are 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 a number of 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 any 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?
ls 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?
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.
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.
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.
Copies of the Compendium are available at Charles Young Buffalo Soldiers National Monument. Please Contact Us for a copy of this Compendium in paper form.
In accordance with regulations and the delegated authority provided in Title 36, Code of Federal Regulations ("36 CFR"), Chapter I, 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 Charles Young Buffalo Soldiers National Monument. 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 Actitivities
Charles Young Buffalo Soldiers National Monument does not have any bike or walking trails.
(a)(2) The following restrictions and/or conditions are in effect for the specific uses or activities noted:
The following restrictions and/or conditions are in effect for the specific uses or activities noted:
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-Wearingand 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 from or on lands and waters administered by the National Park Service within the boundaries of Charles Young Buffalo Soldiers National Monument 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.
Determination:The Superintendent has determined that unmanaged or unrestricted recreational use of UAs within Charles Young Buffalo Soldiers National Monument will conflict with, or impact, a variety of park uses including visitor experience. Until the NPS can determine whether specific uses of unmanned aircraft are appropriate and will not cause unacceptable impacts on park resources and values, Charles Young Buffalo Soldiers National Monument is closed to the use of these devices. The use of unmanned aircraft within the boundaries of Charles Young Buffalo Soldiers National Monument has the potential to harm visitors, disturb wildlife, impact viewsheds, cause excessive noise, and interfere with other visitors' enjoyment of the area. This closure is being implemented as an interim measure while this new use can be properly evaluated. A less restrictive approach is not appropriate at this time due to the impacts the devices could potentially present to visitor safety, park values, and to park resources. The interim closure will safeguard these values while the NPS considers how to address this new use on a long-term basis.
(f) The following is a compilation of those activities for which a permit from the Superintendent is required:
§2.4(d) Carry or possess a weapon, trap, or net (excluding legal firearms)
§2.5(a) Specimen collection (Taking of plants, fish, wildlife, rocks or minerals)
§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
§2.17 Aircraft and 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 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.
(a) Demonstrations includes picketing, speechmaking, marching, holding vigils or religious services and all other like forms of conduct that involve the communication or expression of views or grievances, engaged in by one or more persons, the conduct of which is reasonably likely to attract a crowd or onlookers.
(b) Demonstrations involving 25 persons or less do not require a permit unless:
The event presents a clear and present danger to public health and safety.
The event takes place outside a designated area
Structures, stages, platforms, sound systems are used.
The event unreasonably interferes with other permitted demonstrations and special events, or park program activities.
(c) All demonstrations will be held in designated areas. Mound City Group is the only designated area in the park for these types of activities. A map of the public assembly areas is available on the First Amendment Area page of this website.
§2.52(c) Sale or distribution of printed matter that is not solely commercial advertising
Printed matter is message-bearing material such as books, pamphlets, magazines, and leaflets, provided that it is not solely commercial advertising. Other message-bearing items include: Readable electronic media such as CDs, DVDs, and flash drives; clothing and accessories such as hats and key chains; buttons; pins; and bumper stickers.Sale or distribution of printed matter and the free distribution of other message bearing items without asking for or demanding payment or donation must take place in designated areas and the small group permit exception applies (see Demonstrations §2.51 (b) and (c)).
§2.61(a) Residing on federal lands
§4.11(a) Vehicles exceeding load, weight, and size limits (See section III, §4.10)
§5.1 Advertisements including the display, 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 and Audio Recording:
(a) Commercial filming and still photography activities are subject to the provisions of 43 CFR Part 5. All commercial filming requires a permit. 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
(b) 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
§5.6(c) Use of commercial vehicles on park area roads (The Superintendent shall issue a permit to access private lands within or adjacent to the park when access is otherwise not available)
§5.7 Construction of buildings, facilities, trails, roads, boat docks, path, structure, etc.
Violating a term or condition of a permit issued under this action may also result in the suspension and revocation of the permit by the Superintendent.
In accordance with National Park Service (NPS) Law Enforcement Reference Manual 9 (RM-9), notice is hereby given that Charles Young Buffalo Soldiers National Monument uses Closed Circuit Television (CCTV) security camera monitoring.
The NPS’s use of CCTV for law enforcement and security purposes and will only be to visually monitor public park areas and public activities where no constitutionally protected reasonable expectation of privacy exists. Such CCTV use – which will have adequate privacy and First Amendment safeguards – will be to help ensure public safety and security; facilitate the detection, investigation, prevention, and deterrence of terrorist activity; help ensure the safety of citizens and officers; help assist in the proper allocation and deployment of law enforcement and public safety resources; and help facilitate the protection of the innocent and the apprehension and prosecution of criminals.
This policy does not restrict the official use of CCTV in government administrative areas, including administrative buildings, jail holding facilities, revenue collection sites, etc., where the government may record/monitor its facilities. For example, the government may perform unrestricted video/audio recording at revenue collection points (entrance stations, visitor center counters, etc.). This policy does not restrict the use of an Audio/Visual Recording Device (AVRD) in patrol vehicles or officer-worn recording devices used by commissioned rangers.
Operation of CCTV cameras will be in accordance with NPS and Department policy. No person will be targeted or monitored merely because of race, religion, gender, sex, disability, national origin, or political affiliation or views.
Nothing in this policy statement is intended to create any rights, privileges, or benefits not otherwise recognized by law.
