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De Soto National Memorial Superintendents Compendium
CODE OF FEDERAL REGULATIONS
TITLE 36, CHAPTER I
Compendium of Designations, Closures, Requests,
Requirements and Other Restrictions imposed
under the discretionary authority of the
Superintendent
In accordance with regulations and the delegated authority provided in Title 36, Code of Federal
Regulations, Chapter I, Parts 1 through 7, authorized by Title 16, United States Code, Section 3; the following regulatory provisions are established for the proper management, protection, government and public use of De Soto National Memorial. These discretionary regulations are in addition to the other regulations published in Title 36 CFR, Chapter I, Parts 2 through 7. Unless otherwise stated, these regulatory provisions apply in addition to the requirements contained in 36 CFR, Chapter 1.
DE SOTO NATIONAL MEMORIAL COMPENDIUM
Contents
TITLE 36, CHAPTER I ................................................................................................................... i
I. 36 CFR §1.5 VISITING HOURS, PUBLIC USE LIMITS, CLOSURES, AND
AREA DESIGNATIONS FOR SPECIFIC USE OR ACTIVITIES
PUBLIC USE LIMITS
Balloons
Kite Flying
Food and Drink
All-Terrain Vehicles
Motorized Wheelchairs
VISITING HOURS
Entrances
Administrative Area
CLOSURES
Federal Holidays
Emergency Situations
Unmanned Aircraft
Mangrove Wetland Areas
PUBLIC HEALTH AND SAFETY
II. 36 CFR §1.6 – ACTIVITIES THAT REQUIRE A PERMIT
Required Permits
III. GENERAL REGULATIONS
36 CFR §2.1 – Preservation of Natural, Cultural and Archeological
Resources
36 CFR §2.10 - Camping
36 CFR §2.11 Picnicking
36 CFR §2.13 - Fires
36 CFR § 2.14 - Sanitation and Refuse
36 CFR § 2.15 - Pets
36 CFR §2.16 – Horses and Pack Animals
36 CFR § 2.20 – Wildlife Protection
36 CFR § 2.20 – Skating, Skateboards and Similar Devices
36 CFR § 2.21 - Smoking
36 CFR § 2.22 - Property
36 CFR§ 2.3 - Fishing
36 CFR§ 2.32 – Interfering with agency functions
36 CFR§ 2.24 – Weapons, Traps, and Nets
36 CFR § 2.35 – Alcoholic Beverages
36 CFR §2.5 – Research Permits
36 CFR §2.51 – Public Assemblies, Meetings
36 CFR § 2.52 – Sale or Distribution of Printed Matter
36 CFR § 3.8 - Boating
36 CFR § 4.21 – Speed Limits
36 CFR § 4.30 - Bicycles
IV. FILMING
APPENDIX A – Designated Areas for Public Assemblies/Meetings
APPENDIX B - Statement of Findings in Support of Closures
(a)(1) The following visiting hours and public use limits are established for all or 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:
Balloons
All areas of the park are closed to the sale or use of helium-filled balloons.
Kite Flying
All areas of the park are closed to the sale or use of kites.
Food and Drink
Food and drink is prohibited in the Visitor Center. Drinking water in plastic or metal containers is permitted in these areas, and food may be possessed, but not consumed. Alcohol use is prohibited in all areas of the park.
All-Terrain Vehicles
All areas of the park are closed to the use of all-terrain vehicles (ATV).
As used in this section, the term "all-terrain vehicle" means any motorized off-highway vehicle, designed to travel on three or more low-pressure tires.
Motorized Wheelchairs
Motorized wheelchairs shall be permitted in all public and other areas. Motorized wheelchair use will be allowed only for individuals eligible for Handicapped Vehicle license plates or similar Federal criteria.
(a)(1) The following visiting hours and public use limits are established for all or 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:
Entrances
De Soto National Memorial will remain open for public use from sunrise to sunset except as noted below:
The park Visitor Center/Museum will remain open from 9:00 am to 5:00 pm seven days a week.
The park road and parking area will remain open to motor vehicles from 9:00 am to 5:00 pm.
Administrative Areas
The area west of the park adjacent to the public entrance, which is used for general maintenance, is closed to the general public.
CLOSURES:
Federal Holidays
The park Visitor Center/Museum will be closed New Year’s Day, Thanksgiving and Christmas Day.
Emergency Situations
During emergency situations the park may be closed for short periods of time without advance public notice. Closures may be for severe weather events, law enforcement issues, or other unforeseen circumstances.
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 De Soto National Memorial is prohibited under Policy Memorandum 14-05 released by the NPS director in June 2014. Any use of unmanned aircraft must be for park-related purposes and requires a special use permit signed by the Regional Director.
Mangrove Wetland Areas
The mangrove wetland areas are closed to protect the natural and cultural resources found within the Memorial. Visitors are required to stay on designated trails and walkways in the park in order to protect wetland areas.
Public Health and Safety
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.
Required Permits
(f) The following is a compilation of those activities for which a permit is required from the Superintendent:
§1.5(d) Entering closed areas.
§2.5(a) Specimen collection.
§2.10(a) Camping activities
Camping will only be permitted as part of an NPS led program.
§2.17 (a) (3) Delivering or retrieving a person or object by parachute, helicopter or other airborne means.
§2.50(a) Special events (Weddings, group events, etc.).
§2.51(1) Public assemblies, meetings, gatherings, demonstrations, parades, and other public expressions of views that exceed 25 persons.
§2.52(c) Sale or distribution of printed matter.
§2.62 Memorialization (to include scattering of ashes).
§4.11(a) Exceeding established vehicle load, weight, and size limit.
§5.3 Business Operations.
§5.5 (b) Taking of still photography of vehicles or other articles of commerce, or models for the purposes of commercial advertising.
§7.96(b) (1) Organized sports activities, pageants, regattas, public spectator attractions, entertainment, ceremonies, and other similar events.
As follows are General rules and regulations that govern all forms of recreation within the boundries of De Soto National Memorial.
36 CFR §2.1 – Preservation of Natural, Cultural and Archeological Resources (a)(1) Anchoring, mooring, or beaching watercraft in the park is prohibited as it may damage natural, cultural, or archeological resources.(a)(1)(ii) Climbing of trees is prohibited.(a)(1)(iii) Unoccupied seashells may be gathered by hand below the mean high tide mark.; shells on park property are protected and must be left undisturbed. Shells found on park property are archeological artifacts and are associated with Shaw’s Point Archaeological District.(a)(1)(iv) The use of metal detecting, ground penetrating radar, and other forms of geophysical prospecting is prohibited on park grounds and surrounding shoreline except by permit. Any ground disturbing activity or removal of archeological material without a permit is prohibited by the Antiquities Act and the Archaeological Resources Protection Act.(a)(4) Collecting dead wood on the ground, including driftwood, is prohibited.(b) Hiking and walking is restricted to designated trails, walkways and beach shorelines.(c)(1) Families or other groups may gather up to one gallon per day of sea grapes from park property for personal use.(c)(1) The taking of the fruit of the Prickly Pear Cactus is prohibited.
36 CFR §2.10 - Camping
(a)(9) Camping of any kind; including tent, R.V., or other forms of camping; is prohibited on park property unless it is in conjunction with a program led by the National Park Service.
36 CFR §2.11 Picnicking
Picnicking is allowed in the park, open flame to prepare or heat food is prohibited. The consumption of food or beverages in the Visitor Center auditorium is prohibited.
36 CFR §2.13 - Fires
(a)(2) Public use of stoves, grills, charcoal, or other open fire is prohibited.
36 CFR § 2.14 - Sanitation and Refuse
(a)(3) Cleaning or washing seashells in public restrooms or drinking fountains is prohibited.
36 CFR § 2.15 - Pets
(a)(2) Pets must be crated, caged, restrained on a leash which shall not exceed six (6) feet,or otherwise physically constrained by the owner at all times.(a)(3) Pets must not be left tied up unattended except in designated areas. At the North porch of the Visitor Center an area is established for 5 minutes while pet owner uses restroom facilities.(a)(5) Pet excrement must be collected and disposed of in sealed containers or bags and placed in designated trash receptacles.
Pets running at large are considered a hazard to the public and will be controlled. Unconstrained pets may be turned over to Manatee County Animal Control.
36 CFR §2.16 – Horses and Pack Animals
Horses and pack animals are prohibited in the park.36 CFR § 2.2- Wildlife Protection(a)(1) The taking of wildlife is prohibited.(b) Hunting and trapping is prohibited.(d) Transporting wildlife through the park is prohibited.
36 CFR § 2.20 – Skating, Skateboards and Similar Devices
The Use of roller skates, in-line skates, skateboards, roller skis, coasting vehicles or similar devices is permitted on paved roadways and on sidewalks between the hours of sunrise to 8:00 am and from 5:00 pm to sunset.
36 CFR § 2.21 - Smoking
Smoking is prohibited in all Federal buildings (Executive Order 13058, Federal Register August 13, 1997)
36 CFR § 2.22 - Property
(b)(2) Unattended motor vehicles located in the visitor parking area after the designated closing time may be towed away at the owner of record’s expense.
36 CFR§ 2.3 - Fishing
(d)(8) Fishing is permitted from park shores and surrounding waters from sunrise until sunset. All federal, state, and county fishing codes, regulations, and restrictions apply.
36 CFR§ 2.32 – Interfering with agency functions
(a)(1), (2) Anchoring, mooring, or beaching a boat on park property (land above the mean high water mark) is prohibited except for official park programs. Unoccupied boats and other watercraft may be removed by the park or other federal, state, or local agencies.36 CFR § 2.24 – Weapons, Traps, and NetsPursuant to 18 USC § 930, firearms are prohibited in federal facilities. Federal facilities are marked with signs at public entrances.Pursuant to 54 USC § 104906, park visitors may carry firearms in the park if they are otherwise compliant with federal, state, and local laws.Traps and nets are prohibited except as permitted by the Superintendent.
36 CFR § 2.35 – Alcoholic Beverages
(a)(3)(i) The consumption of alcoholic beverages is prohibited within the Headquarters offices, Visitor Center/Museum building, visitor parking area, picnic areas, Living History Camp, and park trails, unless permitted through a Special Use Permit.36 CFR § 2.5 – Research PermitsTaking plants, wildlife, rocks, or minerals is prohibited except in accordance with 36 CFR Chapter 1 or the terms and conditions of a specimen collection permit pursuant to 36 CFR § 2.5(a)
36 CFR §2.51 – Public Assemblies, Meetings
Public assemblies and meetings are limited to areas designated in Appendix A.
36 CFR § 2.52 – Sale or Distribution of Printed Matter
(e) Sale and distribution of printed matter is limited to areas designated in Appendix A by permit only.
36 CFR § 3.8 - Boating
See § 2.1 (a)(1) and § 2.32 (a)(1), (2) above.
36 CFR § 4.21 – Speed Limits
(d) The speed limit in the parking lot is 15 MPH on the main road and through the parking area. De Soto Memorial Hwy leading into the park is a posted 20 MPH leading up to the park’s entrance gate.
36 CFR § 4.30 - Bicycles
(d) Bicycles and “e-bikes” are prohibited on park sidewalks and trails.The term “e-bike” means any two or three wheeled cycle with fully operable pedals and an electric motor of less than 750 watts (1 hp). E-bikes are prohibited where traditional bicycles are prohibited.
FILMING
43 CFR § 5.2 Commercial FilmingAll commercial filming activities taking place within a unit of the National Park System require a permit. "Commercial filming" means the 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.43 CFR § 5.2 Still PhotographyStill photographers, including commercial or professional photography require a permit only when:
The activity uses models, sets, or props that are not a part of the location’s natural or cultural resources or administrative facilities.
The activity takes place at location(s) when and/or where members of the public are generally not allowed (in a closed area)
The park would incur additional administrative costs to monitor the activity.
For the purposes of 43 CFR 5.2, portrait subjects such as wedding parties and graduation photos are not considered models.For further information, reference Filming & Still Photography Permits (U.S. National Park Service) (nps.gov) The NPS will consider requests and process permit applications in a timely manner. Processing times will vary depending on the complexity of the proposed activity. If the organizer provides the required 10 day advance notice to the NPS and has not received a written response from the NPS that a permit is required prior to the first day of production, the proposed filming activities may occur without a permit.
Visitor Center area: The center grass island of the Main Visitor Center public parking lot.
A map identifying the location approved for public assemblies/meetings and the sale/distribution of printed matter is shown bellow.
APPENDIX B - Statement of Findings in Support of Closures
The Superintendent of De Soto National Memorial has used the discretionary authority granted by Chapter I of 36 CFR §1.5(a), and established certain closures. They are actions necessary for administration of the park in concert with its enabling legislation, NPS management policies for the benefit of the resource and the visitor. Articulations of the reasons for closures are set forth in this justification.
36 CFR 1.5 PUBLIC USE LIMITS
Restrictions on Balloons. The intentional or unintentional release of gas-filled balloons presents a threat to scenic and environmental values as they return to earth. They impair wilderness character, cause a litter problem, and are ingested by wildlife, especially threatened and endangered sea turtles.
Restrictions on Kites. The park does not have enough open space to safely fly kites. Kites pose a safety hazard for visitors and presents a threat to scenic and environmental values.
Restrictions on Food and Drink. In the listed areas and buildings, the presence of food and drink is incompatible with other visitor uses, may create a litter problem, may cause damage to concession or natural history association items such as books, and may attract undesirable insects such as ants, inside buildings. Because of the heat and humidity in Florida and the potential for dehydration, drinking water in plastic containers is permitted in designated areas otherwise closed to food and drink.
All-Terrain Vehicles. Current motor vehicle regulations found in 36 CFR Part 4 and state regulations do not adequately address ATV use in the park. ATV's cause significant resource damage by traveling over fragile wetlands and in many cases, they are used as a conveyance to illegally take or attempt to take park protected wildlife. Because of their design, low-pressure tires and small-sized vehicles, they can go places not accessible to other vehicles. They cause significant short and long term resource damage.
VISITING HOURS
De Soto National Memorial is managed primarily as a day use area with limited nighttime use. Concession and NPS equipment and buildings are unattended and at risk during nighttime hours. Acts of vandalism, theft and illegal forms of use occur in spite of the closure, and would be less controllable if the area were completely open.
Administrative Areas. The designated administrative areas of the park are open daily during normal business hours only. For safety and security reasons, these areas are closed to the public from 5 p.m. to 8 a.m.
Unmanned Aircraft. 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 recreation or commerce.
De Soto National Memorial is important/critical habitat for many threatened and endangered species. The use of Unmanned Aircraft disturbs wildlife and can adversely affect the feeding, breeding and sheltering of T&E species and many sensitive wildlife species which may view the aircraft as a potential threat and react accordingly. Colonial nesting birds may be flushed off their nest by the presence of an Unmanned Aircraft, exposing baby birds to predators and potentially causing a bird strike that could render the Unmanned Aircraft uncontrollable. Unmanned aircraft may also interfere with resource management activities and pose a hazard to other park operations. The use of unmanned aircraft is not compatible with the character of park lands and waters and will impact the view shed and the experience of park visitors. Less restrictive regulations on the use of unmanned aircraft will not adequately protect the T&E species and other sensitive wildlife, protect the character of designated wilderness, and ensure the protection of the wilderness experience for park visitors.
Mangrove Wetland Areas. Mangroves are a protected species and entering the park off-trail can damage this species. The park also contains archeological resources found within the interior of the park.
36 CFR §2.1 – Preservation of Natural, Cultural and Archeological Resources
(a)(1) Docking and Mooring. Many of the trees found along the coast are protected species (mangroves, sea grapes, gumbo limbos). These activities also threaten the living shoreline project that helps prevent coastal erosion. Anchoring and pulling boats on shore poses potential damage to cultural and natural resources. (a)(1)(ii) Climbing of Trees. All trees are part of the cultural landscape and as such need protection from harm. Climbing of trees also presents a safety hazard. (a)(1)(iii) Sea Shells. The gathering of shells that are part of archaeological sites has an adverse impact on these protected resources. (a)(1)(iiii) Use of Metal Detectors and GPR. De Soto National Memorial is a federal and state archaeological preserve and district. The use of these items would be recognized as an intention to loot and/or remove protected artifacts. The removal of any archaeological material from the park would be subject to all penalties suffered under the Antiquities Act of 1906, the Archaeological Resources Protection Act, System Unit Resources Protection Act, and theft of government property. (a)(1)(iv) Collection of Driftwood. Driftwood adds to the stabilization of the beach and removal of driftwood is therefore prohibited since erosion is one of the most visible impact to park resources. (b) Restricted access for walking and hiking. Staying in designated areas protects the natural and cultural resources of the park. (c)(1) Sea Grapes. The gathering of sea grapes is a traditional activity at the park. Current limitations show no adverse impact to the survival of the plant. (c)(1) Prickly Pear Cactus. The shell midden Prickly Pear is a protected (Threatened and Endangered) species. Removal of the fruit inhibits plant growth and exposes the thorns.
36 CFR §2.10 – Camping and Food Storage
The parks parking lot area is closed from 5pm – 7am, and grounds and trails from sunset to sunrise for visitor and resource protection. Volunteers will be authorized to use the designated RV sites while they are performing tasks that support park operations.
36 CFR §2.11 - Picnicking
Open flame possess a threat of fire to park resources. The consumption of food and beverage items increases pest and damages to park infrastructure. In order to comply with museum collections directives, the consumption of food and beverage in the Visitor Center is not authorized.
36 CFR §2.13 – Fires
To protect resources from fire hazard all forms of open fire are prohibited
36 CFR §2.14 - Sanitation and Refuse
Sand from shells clogs the drain system.
36 CFR § 2.15 – Pets
Pet owners need to be able to restrain their pet and be in control at all times due to the potential impact to cultural and natural resources as well as the general public.
36 CFR §2.16 – Horses and Pack Animals
For public and resource protection purposes, the trails are too narrow and congested for this activity.
36 CFR § 2.21 – Smoking
Smoking in public buildings is a prohibited by Federal and State laws. The areas listed (trails, boardwalks, amphitheaters, VC’s, restrooms) are sites where a cross section of visitors concentrate, where non-smokers would be in close proximity to smokers, and would be subject to the negative effects and esthetics of smoke.
36 CFR § 2.22 – Property
Vehicles left in the parking area past 5 pm represent a threat to park resources.
36 CFR§ 2.32 – Interfering with agency functions
Park personnel must have access to the coastlines of the park. Anchors or boats not maintaining a 5’ right-of-way or anchoring at high tide will interfere with official duties and block pedestrian access.
36 CFR § 2.35 – Alcoholic Beverages and Controlled Substances
The closure of consumption of alcoholic beverages is established for these areas where the public
engages in business with the government, or is participating in educational opportunities. The consumption of alcohol interferes with the appropriate use of the areas.
36 CFR § 2.52 – Sale or Distribution of Printed Matter
This area is designated for sale and distribution of printed matter, permit requirements may apply. All other areas of the park are used for walking, fishing, and solitude.
36 CFR 4.21 (b)
Main Park Road. The speed limit on De Soto Memorial Hwy leading to the park’s entrance gate is a posted 20 mph:
De Soto Memorial Hwy was designed, constructed and is maintained for a 20 mph speed limit. The road is straight and flat in most areas, and curves in the road are gentle with an even radius. Wide shoulders and adequate clearing at intersections ensure safety at driving speeds. Due to the length of the road, the distance between designated stopping areas and lack of crossroads, a speed limit of 20 mph is recommended.
De Soto National Memorial parking area has a posted speed limit of 15 mph As the main park entrance, many people traveling this section of the road are not familiar with the area, thus a slower speed of 15 mph will provide a safer environment. There is possibility of high foot traffic through this area, and an access road to the park headquarters and maintenance area were the movement of service vehicles and heavy equipment can present a hazard.
36 CFR § 4.30 – Bicycles
For public and resource protection purposes, the trails are narrow and congested for this activity. Trails are narrow and can be crowded; bicycles are a hazard to pedestrians on trails and sidewalks.
Location of approved 1st Amendment activities as per Appendix A Superintendents Compendium De Soto National Memorial
